Thetis Island Local Trust Committee regular meeting, April 1, 2025
Thetis Island Local Trust Committee · 2025-04-01 · 2:43:41 · recording 250401E on the Islands Trust's video service. Every timestamp below plays the recording from that moment.
Source
- Recording: Islands Trust, Thetis Island Local Trust Committee, meeting of 2025-04-01, video recording ID
250401E(2:43:41) — Islands Trust player · stream file (.m3u8). The recording is streamed from the Islands Trust's own server; nothing is re-hosted here. - Minutes: Islands Trust, Thetis LTC Regular Meeting Minutes (the official record, reproduced below).
- Transcript: produced by Abolish the Islands Trust from the recording above using open-source speech recognition (Whisper, large-v3), reviewed pass, 2026-09-02. Timestamps are seconds from the start of the Trust's recording; speaker labels come from voice matching and hand review and carry a confidence mark.
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Accuracy. Machine transcript, reviewed. Produced by speech-recognition software from the Islands Trust's own recording; speaker labels were added by hand and carry a confidence mark. It is not an official record. The Islands Trust's minutes are the official record, and they are shown beside the transcript so you can compare the two. Check any line against the recording at the timestamp before relying on it.
Who speaks in this meeting
- Trustee Luckham (trustee) — 316 lines
- Manager of Bylaw Compliance and Enforcement (staff) — 38 lines
Transcript
[0:00:01] Voice 3: And here we are.
[0:00:03] Voice 3: Aitskweil, good morning, everyone.
[0:00:05] Voice 3: Welcome to the regular business meeting of the Thetis Island Local Trust Committee.
[0:00:10] Voice 3: I'm your chair, Toby Elliott, elected on Gabriela Island, and I'm joined by your two local trustees,
[0:00:17] Voice 3: Trustee Ken Hunter and Trustee Peter Lucko.
[0:00:23] Voice 5: Thank you.
[0:00:25] Voice 3: And as always, before we adopt our agenda and begin our regular business, we'd like
[0:00:32] Voice 3: like to begin by acknowledging the land and waters in which we gather and make decisions
[0:00:37] Voice 3: and work is within the traditional territories of many Coast Salish nations. In particular,
[0:00:44] Voice 3: the local trust area is grateful to work in the traditional, unceded and ancestral territories
[0:00:50] Voice 3: of the Liacs and First Nation and Penelakut tribes. In particular today, I'd just like to
[0:00:58] Voice 3: to point out how our governments are striving to work together to enact land use planning.
[0:01:05] Voice 3: The relationships are developing and, I believe, advancing in a really good way.
[0:01:12] Voice 3: And they don't often refer to our formal protocols, but as work arises, we are sharing
[0:01:21] Voice 3: information with one another and striving to work together to uphold the mandate of
[0:01:26] Voice 3: the Islands Trust for the benefit of all who live within these waters and also for the entire
[0:01:32] Voice 3: province of British Columbia. So we're grateful to the nations for their continued stewardship
[0:01:38] Voice 3: and relationship and guidance as we work to do land use planning here. So before we approve the
[0:01:49] Voice 3: agenda, thank you to staff for bringing to attention that we omitted or there was a
[0:01:56] Voice 3: miscommunication rather regarding the delegation that had requested to present by the Valdez Island
[0:02:03] Voice 3: Conservancy. And so if one of the two trustees or I could make a motion to amend the agenda
[0:02:11] Voice 3: and allow a delegation to allow this group to address the LTC, we do need a unanimous
[0:02:19] Voice 3: vote in order to proceed in accordance with our meeting procedures bylaws.
[0:02:24] Voice 3: Well,
[0:02:25] Trustee Luckham: then that's fantastic, Toby. Thanks for raising that. I would like to add to the agenda. We haven't actually adopted or opened the meeting yet, but I would like to ask that when we consider adopting the agenda that we add a delegation from the Valdez Island Conservancy.
[0:02:42] Voice 3: Okay. So we've got a motion to add a delegation by the Valdez Island Conservancy. Do I have a seconder?
[0:02:49] Voice 12: Second.
[0:02:50] Voice 3: Seconded by Trustee Hunter. Any discussion?
[0:02:54] Voice 3: All right. All those in favor, please raise your
[0:02:57] Voice 3: hand or say aye. And that is carried by unanimous vote. So we will amend the agenda to add that delegation at the appropriate time in Section 8. And so is there anything further to amend or edit the agenda? If not, I'll take it by general consent that we'll approve the agenda as amended. Thank you all.
[0:03:21] Voice 3: all. Okay, so we'll move into our report section. Trustees, do you have reports for your local
[0:03:29] Voice 3: community? One of you needs to go first.
[0:03:36] Trustee Luckham: How about I just jump in here? I guess the focus
[0:03:43] Trustee Luckham: has changed for me from being chair of council to being a trustee. And so, indeed, I'm trying
[0:03:52] Trustee Luckham: of focus a little more of my attention on local matters and of course the two most significant
[0:03:59] Trustee Luckham: local matters at this time are the cleanup of the lot on Thetis that was being used as an auto
[0:04:08] Trustee Luckham: wrecking yard and that's been successful and I'm looking forward to us moving forward to
[0:04:14] Trustee Luckham: recovering those costs. And then of course the other matter is the recent letter that we received
[0:04:20] Trustee Luckham: received on today's agenda with respect to the aquaculture lease and there's a lot of significant
[0:04:27] Trustee Luckham: concern upset with that otherwise things on Thetis as usual are quiet and rosy
[0:04:37] Voice 12: excellent
[0:04:39] Voice 3: trustee
[0:04:40] Voice 3: Hunter
[0:04:40] Voice 12: very similar of course I was hoping that we would get some kind of a letter out to the
[0:04:47] Voice 12: the public regarding lot 88 which I haven't seen yet but I'm sure it's in the works just
[0:04:52] Voice 12: so that people know what's going on there and of course the aquaculture thing is it's difficult
[0:05:01] Voice 12: at best so when we get into the discussion phase I have quite a few concerns about the whole process
[0:05:09] Voice 12: so I'll be looking forward to that. Thank you.
[0:05:15] Voice 3: Thank you so much. I'll move into my chair's
[0:05:20] Voice 3: report. But before I do, I'm so sorry, I omitted to introduce our staff who are supporting the
[0:05:27] Voice 3: meeting. So we are supported today by staff planner Margot Tomaitis. Hello. And Lisa, good
[0:05:37] Voice 3: morning. Thanks for being here. Lisa Millard in the background is our minute taker and meeting
[0:05:43] Voice 3: facilitator. And I see we're joined by staff manager, bylaw enforcement and compliance manager
[0:05:52] Voice 3: manager Warren Dingman. Hello.
[0:05:53] Manager of Bylaw Compliance and Enforcement: Good morning, chair.
[0:05:55] Voice 3: Excellent. Okay. So I'll give a brief
[0:05:58] Voice 3: chair's report. Um, trust council met just in, uh, mid March. All right. Just going to my notes
[0:06:07] Voice 3: here in Nanaimo, March 11th to the 13th. And of course the most significant item was the, uh,
[0:06:14] Voice 3: election of a new chair as noted, um, local trustee Luckham, who has been serving for,
[0:06:21] Voice 3: for, is it 12 years as chair?
[0:06:24] Trustee Luckham: Something like that, 20 years altogether, Marla.
[0:06:27] Voice 3: Altogether, 20 years altogether, 12 years as chair.
[0:06:31] Voice 3: Decided to do the smart thing and enjoy the rest of his working life,
[0:06:36] Voice 3: pursuing other things.
[0:06:39] Voice 3: And so we had nominations for three trustees,
[0:06:46] Voice 3: and Chair Laura Patrick of Salt Spring was elected.
[0:06:51] Voice 3: We also saw the election of Trustee Sam Borthwick of Denman Island
[0:06:55] Voice 3: to the Governance Committee, as Chair Patrick would become ex officio.
[0:07:02] Voice 3: The significant business, as always, in March was the approval
[0:07:06] Voice 3: of a 2025-26 budget.
[0:07:09] Voice 3: This budget sees a 5.
[0:07:12] Voice 3: Is it 7 or 9?
[0:07:14] Voice 3: I missed off the digit there.
[0:07:18] Voice 3: There, 7.9, I believe, general tax increase.
[0:07:23] Voice 3: And just to note there that generally the operating costs have been in line with the consumer price index,
[0:07:31] Voice 3: but income from fees and grants and the ability to draw from surplus are reduced.
[0:07:37] Voice 3: And so that's why we had to increase taxation.
[0:07:42] Voice 3: but it's quite moderate compared to what many other local governments have been
[0:07:48] Voice 3: seeing as the cost of everything is definitely going up. We also approved a 2025-28 strategic
[0:07:57] Voice 3: plan. Those initiatives will be on the website posted shortly, so you can see where the direction
[0:08:04] Voice 3: that we're going. These are ongoing initiatives. There's really been nothing new, but that's
[0:08:11] Voice 3: It's formalized in the strategic plan now.
[0:08:13] Voice 3: And then the other piece of business was the Policy Statement Amendment Project, which has been going through a rather long round of revisions through the Committee of the Whole structure, which is new for the Islands Trust.
[0:08:30] Voice 3: However, it's been difficult to get quorum of the 26 trustees to even hold those discussions.
[0:08:37] Voice 3: And a decision was made during the strategic planning debate to turn over further work on the Policy Statement Amendment Project to the Programs Committee, which, of course, has a smaller quorum.
[0:08:51] Voice 3: And subsequently, five new members were appointed to that committee, and that'll be moving the policy draft through that process to get to first reading, hopefully, by June 2025.
[0:09:05] Voice 3: And that will be held on Salt Spring Island.
[0:09:09] Voice 3: So that's it for my chair's report.
[0:09:11] Voice 3: I don't believe we have an electoral area director report, do we?
[0:09:17] Voice 3: Not seeing any.
[0:09:20] Voice 3: Okay.
[0:09:21] Voice 3: So we will open the floor for public comment.
[0:09:25] Voice 3: And just to note that we invite people to speak on anything related to local trust matters
[0:09:34] Voice 3: to support the Local Trust Committee as it makes decisions about land use planning matters
[0:09:39] Voice 3: and relevant business. And I do want to add that this is a place of employment despite the fact
[0:09:45] Voice 3: that we are in our own respective homes or other locations. Our staff have a right to a safe and
[0:09:51] Voice 3: respectful workplace. So please keep your comments to issues, not personalities, and
[0:09:59] Voice 3: keep them respectful as they always are here. Thank you so much.
[0:10:03] Voice 3: If you want to address the local trust committee, just raise your electronic hand and you'll be promoted to speaker.
[0:10:11] Voice 3: I'll just note for the Valdez Conservancy, you will have a 15 minute time for your presentation.
[0:10:18] Voice 3: But if you want to address us as as a in this public comment period, you can.
[0:10:26] Voice 3: We're limiting people generally to two or three minutes.
[0:10:30] Voice 3: okay and so i see um maria sorry i've forgotten your last name again hi it's maria
[0:10:39] Voice 9: maria i just
[0:10:41] Voice 9: actually i don't know if it's appropriate but can i ask um about the aquaculture project is this the
[0:10:48] Voice 9: time that i could find out a little bit more about it
[0:10:52] Voice 3: we're going to address that during the
[0:10:56] Voice 3: section of 9.1. So that's when we'll be discussing and debating quite extensively, I imagine.
[0:11:04] Voice 3: This isn't really the time to ask. Well, perhaps you could ask your question. We can try to answer
[0:11:08] Voice 3: it during that conversation. It's
[0:11:11] Voice 9: all right. I probably won't be able to be on the call later.
[0:11:14] Voice 9: I'm trying to get to the island and we have a tiny window of weather to get there. I was just
[0:11:18] Voice 9: curious. My background is in marine invertebrate aquaculture. So I was just curious what kind of
[0:11:23] Voice 9: of a project it was, but I can maybe perhaps check your notes later. Thank you. Yeah, there's an
[0:11:29] Voice 3: extensive report. It's for geoduck shellfish aquaculture. There's lots of information in the
[0:11:35] Voice 3: reports there. Anyone else yet, Trustee Luckham?
[0:11:40] Trustee Luckham: Just what's maybe significant is that the abrupt
[0:11:44] Trustee Luckham: shellfish applied for rezoning, and the LTC has turned that rezoning down twice, and yet the
[0:11:50] Trustee Luckham: the province has issued a license of occupation.
[0:11:54] Trustee Luckham: So it's exciting times.
[0:11:58] Voice 3: Yeah, it's quite lots to discuss.
[0:12:04] Voice 3: Is there anyone else in the participants list?
[0:12:07] Voice 3: If you'd like to address the local trust committee,
[0:12:09] Voice 3: please raise your hand.
[0:12:10] Voice 3: I see two people, Paul Duncan.
[0:12:14] Voice 3: Oh, and director Jesse McClinton.
[0:12:18] Voice 3: Let's promote Paul Duncan to speaker, please.
[0:12:27] Voice 8: Hi, good morning, everyone. Peter, I'm having a lot of trouble hearing you. I don't know if
[0:12:32] Voice 8: you can turn your mic up or not. Can you hear me?
[0:12:37] Trustee Luckham: I can hear you fine. I can speak louder.
[0:12:40] Voice 8: Okay. All right. Great. Thanks. Well, I too am concerned about the abrupt shellfish
[0:12:47] Voice 8: later on the agenda. And I read through all the communications, the attachments.
[0:12:53] Voice 8: Thank you very much, Margaux for putting together that report.
[0:12:59] Voice 8: It was very comprehensive and allowed us to find easily the whole sequence of events.
[0:13:06] Voice 8: I notice under attachment two we had addressed our concerns to the minister and I know the
[0:13:15] Voice 8: minister has changed.
[0:13:16] Voice 8: was there any at any time was there any elected official to elected official communication i
[0:13:25] Voice 8: understand there was lots of staff communication but i'm surprised that a communication directly
[0:13:32] Voice 8: to a minister with this much public support would not have had some kind of a response from the
[0:13:39] Voice 8: minister but i have two other questions do you want me to just give you the questions now and
[0:13:44] Voice 8: then we can deal with them at that part in the agenda yes
[0:13:48] Voice 3: too please do my second question
[0:13:50] Voice 8: relates to communication to thetis islanders uh i only found out about this at a candidate's
[0:13:58] Voice 8: meeting uh last week i've been away so maybe maybe it has been communicated but i'm wondering
[0:14:05] Voice 8: what communication there has been to the residents on thetis island and my third question is i'm
[0:14:14] Voice 8: sitting on the Thetis Advisory Planning Commission and I read in one of the attachments that
[0:14:20] Voice 8: I believe that the abrupt shellfish would have to apply for a bylaw amendment and whether that
[0:14:33] Voice 8: would be flowing through the Thetis Advisory Planning Committee. Thank you.
[0:14:40] Voice 3: Thank you for
[0:14:41] Voice 3: those questions that's great um okay could we promote uh director jesse mclinton to speaker
[0:14:49] Voice 3: and apologize i didn't see that you were in the waiting uh room before so if you do have
[0:14:54] Voice 3: a director's report uh be happy to hear that as well
[0:14:57] Voice 2: hello
[0:14:58] Voice 3: and welcome can
[0:15:00] Voice 2: you hear me
[0:15:02] Voice 3: sound great yep
[0:15:03] Voice 2: good good uh the voice for newspaper face for radio you got both covered
[0:15:11] Voice 2: word um yeah first i i have been listening the whole time um well next time hopefully we'll nail
[0:15:17] Voice 2: it down i don't know if i'm supposed to be on camera or not but uh um yeah we'll we'll get that
[0:15:22] Voice 2: sorted out i do just want to congratulate uh trustee lakam for his uh gradual demise
[0:15:32] Voice 2: uh no you know long career uh well served yeah and uh i'm sure i'll still still be seeing lots
[0:15:40] Voice 2: of you um there's not a lot to provide that is relevant for thetis at the moment we we did just
[0:15:49] Voice 2: come out of budgets um and uh we we've ratified our budgets i fought tooth and nail for savings
[0:15:58] Voice 2: wherever i could we were able to make some gain or you know we were able to reduce where the highs
[0:16:10] Voice 2: highs of where the budget was going to be but i think for many of us it was still a little bit
[0:16:13] Voice 2: higher than what we would have liked the the increase in spend i was one of three directors
[0:16:19] Voice 2: that didn't vote for the budget i was pretty uh not a position i like to put myself in because
[0:16:26] Voice 2: you know as a board we like to own our decisions but i just felt there could have been a little
[0:16:31] Voice 2: bit more we did as a board to you know keep the um the taxpayer in mind um so that's kind of where
[0:16:41] Voice 2: things are at i've attended a few leadership uh conventions um i'm not sure if people know
[0:16:49] Voice 2: since the last time i was on with you guys i was uh nominated to be vice chair of the electoral
[0:16:55] Voice 2: area service committee so um you know just getting a little bit more experience chairing meetings and
[0:17:01] Voice 2: and being a part of that so yeah those are just some of the the big highlights but i think probably
[0:17:06] Voice 2: the most important one and i wish i was coming within name um there's just a signature that
[0:17:12] Voice 2: needed to be uh re-verified but it's uh the next time we speak i i will or you'll probably hear
[0:17:23] Voice 2: just on Thetis that we're appointing a person from Thetis to be the alternate director and
[0:17:31] Voice 2: with the goal and I think I'm not sure um I'd have to go back and double check I think that
[0:17:37] Voice 2: might be the first time an alternate director has been appointed from Thetis and my goal is to you
[0:17:45] Voice 2: know continue to improve those relationships um the person can be eyes and ears on the ground and
[0:17:52] Voice 2: spearhead you know initiatives that are important to island residents and um you know and relay that
[0:18:00] Voice 2: information to me and yeah there's just it's just so hard to get over for all the meetings and to
[0:18:06] Voice 2: and then even when i do just to really have those deep conversations that are needed so
[0:18:10] Voice 2: um i think this person's highly regarded and uh they they should be appointed within the next
[0:18:19] Voice 2: next week or two. So just need to get a, get a, get a signature that was, uh,
[0:18:25] Voice 2: illegible, uh, sorted out. So that's something I'm very excited about. Um,
[0:18:30] Voice 2: cause it's, uh, yeah, Thetis, Penelaket, Ruxin,
[0:18:33] Voice 2: you guys are all in a little bit of a funny situation where, you know,
[0:18:37] Voice 2: you have to deal with the evil empire, uh, on a regular basis. So
[0:18:41] Voice 2: I think that's it for me.
[0:18:46] Voice 3: thank you so much director clinton i apologize for not recognizing you during uh during the
[0:18:53] Voice 3: earlier part but um that's a great director's report and um staff if we could make sure that
[0:18:59] Voice 3: uh director clinton gets a panelist link next time so he can join us uh that would be great
[0:19:07] Voice 3: and uh thank you for that yes we as well work very hard to get the budget down in absolutely
[0:19:12] Voice 3: absolutely every fashion possible. It's been a tough year for sure. Could we recognize next
[0:19:20] Voice 3: David Ray Cowichan? I can't see the rest of your name, but promote David Ray to speaker. Thank you.
[0:19:32] Voice 3: Good morning.
[0:19:35] Voice 1: Just pressing unmute, sorry. Mine is quite a quick thing. I just had a person
[0:19:45] Voice 1: heard that I was going to be attending a meeting and asked me to bring up
[0:19:48] Voice 1: the emergency and disaster
[0:19:52] Voice 1: planning webinars that are coming up and they wanted to
[0:19:56] Voice 1: ensure that the Islands Trust is participating in them
[0:20:00] Voice 1: and that was their April 8th, 9th and 10th
[0:20:04] Voice 1: and they're done by the
[0:20:08] Voice 1: province and I'm quite keen about
[0:20:12] Voice 1: about these only because Thetis Islands Emergency Islands Trust is to load everybody into a boat
[0:20:21] Voice 1: and take us over to Fuller Lake Arena. So that is the island's kind of viewpoint really needs
[0:20:30] Voice 1: to be heard. So I just wanted to double check that we were participating in those events.
[0:20:38] Voice 3: That's great. I'm not sure if the local trustees have heard about this, but where could
[0:20:42] Voice 3: Could folks find information?
[0:20:44] Voice 3: Is there a link online or would that be sent out through this Thetis?
[0:20:50] Voice 1: I will send the link to the trustees after the meeting just to make sure that they know it.
[0:21:00] Voice 3: That's great.
[0:21:01] Voice 3: Great.
[0:21:02] Voice 3: Thank you.
[0:21:06] Voice 3: And okay, I see Paul Duncan, you have your hand raised again.
[0:21:10] Voice 3: Do you want to address the local trust committee again?
[0:21:13] Voice 3: Is there something else?
[0:21:15] Voice 8: I'm sorry I I thought my hand had been lowered so I'll lower my hand now all
[0:21:21] Voice 3: good thank you so much
[0:21:25] Voice 3: okay just uh waiting a moment more for anybody else who wishes to address the local trust
[0:21:31] Voice 3: committee okay so we'll proceed with our agenda thank you everyone for your comments we really
[0:21:40] Voice 3: appreciate hearing from you and it does help inform our decision making as well as give us an
[0:21:45] Voice 3: eyes and ears on other elements of the community that we might need to be aware of so let's move
[0:21:53] Voice 3: into adoption of minutes uh for the special meeting dated october 2020 22 2024 are there
[0:22:04] Voice 3: any changes to those minutes no
[0:22:09] Trustee Luckham: none here okay
[0:22:11] Voice 3: i'll take it by general consent that the
[0:22:15] Voice 3: The minutes of October 22, 2024 be adopted.
[0:22:21] Voice 3: And the minutes of the regular meeting, February 4, 2025.
[0:22:26] Voice 3: Any changes or amendments there?
[0:22:29] Trustee Luckham: No.
[0:22:30] Voice 8: No.
[0:22:31] Voice 3: Okay.
[0:22:31] Voice 3: I just had one small change, Lisa.
[0:22:36] Voice 3: Page six, number one of the minutes.
[0:22:39] Voice 3: The fundraising campaign was not organized by Indigenous Senior Relations Advisor Joe Elliott.
[0:22:45] Voice 3: there was a fundraising campaign and that information was shared with trustees and staff
[0:22:51] Voice 3: by CIRA staff Joe Elliott. So if you could just make that small change there.
[0:23:03] Voice 3: I think that's it. So I'll take it by general consent that the minutes of February 4th, 2025
[0:23:12] Voice 3: be adopted as amended. Okay, and we've got no resolutions without meeting report.
[0:23:24] Voice 3: so we'll move into follow-up action list um this is a time for trustees to ask questions of staff
[0:23:30] Voice 3: staff to update us on anything outstanding or um in process items are there any questions from
[0:23:38] Voice 3: trustees not
[0:23:43] Trustee Luckham: here okay
[0:23:44] Voice 3: everything is looking 100 complete so a lot of these will disappear
[0:23:52] Voice 3: here for our next meeting, but it looks
[0:23:56] Voice 3: great.
[0:23:58] Voice 12: I'm just wondering about number three
[0:24:01] Voice 12: on page, I can't get my computer to roll here.
[0:24:05] Voice 4: Number
[0:24:06] Voice 12: three, prepare the press release regarding
[0:24:09] Voice 12: an update in the cleanup of Lot 88. Is that happening one of these days?
[0:24:13] Voice 3: That's a great question. Manager Dingman, perhaps
[0:24:18] Voice 3: did we decide whether a press release was
[0:24:21] Voice 3: was coming and I know you've been the chair there was
[0:24:28] Manager of Bylaw Compliance and Enforcement: a decision to do the local subscriber list
[0:24:30] Manager of Bylaw Compliance and Enforcement: and I'd have to check with communications to see if that's been prepared or something's been
[0:24:34] Manager of Bylaw Compliance and Enforcement: distributed but at this that was the previous meeting was decided to be a local distribution
[0:24:41] Manager of Bylaw Compliance and Enforcement: so I'll follow up on that with communications thank
[0:24:48] Voice 3: you much appreciated any other questions
[0:24:53] Voice 3: on the follow-up action list okay i can tell everyone's just eager to get into our staff
[0:25:01] Voice 3: reports on uh the abrupt shellfish well it's not an application it's a information regarding the
[0:25:10] Voice 3: crown land file number 14 14 783 update and so i'll turn it over to you margot to midas
[0:25:19] Voice 3: you can take us through with some introductory remarks and then we'll move into discussion
[0:25:24] Voice 3: discussion
[0:25:25] Voice 14: hi thanks thanks charlotte um i actually think that the delegation from the
[0:25:29] Voice 14: valdez island conservancy should go first before we dive into that it's okay because it's because
[0:25:37] Voice 14: it was a late item added i apologize
[0:25:40] Voice 3: thank you so much yeah we
[0:25:42] Voice 3: absolutely made room for that
[0:25:43] Voice 3: and it comes before the uh discussion here thanks for that no problem okay um so thank you and we
[0:25:52] Voice 3: We do want to hear from Valdez Island Conservancy.
[0:25:55] Voice 3: I understand they've got a PowerPoint presentation
[0:25:57] Voice 3: that was circulated yesterday to trustees.
[0:26:03] Voice 3: But if that could be shown and Mariah could
[0:26:09] Voice 9: be promoted to speaker.
[0:26:10] Voice 9: Oh, hi. There you are.
[0:26:11] Voice 9: Yes, thanks.
[0:26:12] Voice 9: I would prefer to share my screen if I could.
[0:26:15] Voice 9: I made some adjustments to the PDF file that was sent to you last week.
[0:26:20] Voice 9: Okay.
[0:26:21] Voice 9: Okay.
[0:26:21] Voice 3: Could we make that happen and give her the ability to share screen, please?
[0:26:27] Voice 9: And at this time, I'd like to acknowledge that I have another board member on the call,
[0:26:34] Voice 9: Doug Cochran, who is a long-term Islander and the treasurer of our Conservancy. So he's found
[0:26:41] Voice 9: some time to join us this morning as well. Excellent. Thank you.
[0:26:47] Voice 9: Hi,
[0:26:47] Voice 12: everybody. I'm enjoying the meeting.
[0:26:50] Voice 3: Grateful to have both of you here and welcome.
[0:26:53] Voice 3: All right.
[0:26:56] Voice 13: As a panelist, you should just be able to share your screen directly from your bottom of your Zoom link.
[0:27:10] Voice 9: All right.
[0:27:11] Voice 9: We'll try that.
[0:27:12] Voice 9: And is that now to everybody?
[0:27:19] Voice 9: Okay.
[0:27:19] Voice 9: Thank you.
[0:27:20] Voice 9: Looks great.
[0:27:20] Voice 9: So, first of all, thank you for adding us to the agenda.
[0:27:25] Voice 9: My name is Maria Deong-Westman.
[0:27:28] Voice 9: I am a biologist, and I've been on Valdez Island for over 35 years.
[0:27:34] Voice 9: And I would like to acknowledge that I am calling in from the unsurrendered territories of the Tsleil-Waututh, Musqueam, and Squamish peoples.
[0:27:45] Voice 9: And I am very grateful to have this land provide me with everything I need to live.
[0:27:51] Voice 9: And of course, as islanders, we also acknowledge that our cabins are on the ancestral territories of the Lacs and First Nation, and we honor that relationship.
[0:28:03] Voice 9: that relationship. So a key catalyst to the request for us to get on your radar screen
[0:28:11] Voice 9: was a change to a bylaw. I think it was number 42 that saw an optic fiber cable coming into
[0:28:21] Voice 9: the old village site on the west side of the island for Valdez. And we realized we were
[0:28:29] Voice 9: once again a bit invisible and uh it's it's hard for us to keep up with things given the nature of
[0:28:37] Voice 9: our community but we've been invisible to many i think um can i just ask how many of you have
[0:28:42] Voice 9: actually been on valdez island have you actually walked from one end to the other seen much of it
[0:28:54] Voice 9: or is it just at the recreation area of blackberry point perhaps or
[0:28:59] Voice 12: we used to pick blackberries over
[0:29:02] Voice 12: over there back in the late 50s and early 60s right yeah I
[0:29:07] Voice 3: I was given the impression that we
[0:29:09] Voice 3: weren't um it wasn't welcome to walk there so I I think of my early days of when I moved to
[0:29:16] Voice 3: Gabriel in 2012 I did one sort of camping spot and then I was like well I don't think this is
[0:29:22] Voice 3: appropriate without permission so I'm really uncertain about the uh um ability to to visit
[0:29:30] Voice 3: it all does thanks yeah
[0:29:32] Voice 9: okay yeah it's an island under evolution on all sorts of levels actually
[0:29:37] Voice 9: i think but you know the other thing of course is we are a little more invisible because we don't
[0:29:42] Voice 9: have any ferry service you know there's no roads there's no electricity there's no running water
[0:29:47] Voice 9: and yet we pay taxes for all those services that are not uh not given to our island and
[0:29:54] Voice 9: our real estate values actually are often representative as if we have all the services so
[0:29:59] Voice 9: So.
[0:30:00] Voice 9: It's kind of an interesting scenario, but certainly one of the startups of our group,
[0:30:10] Voice 9: it started in 2007, and it really was an effort to provide and to sort of formalize a collective
[0:30:18] Voice 9: community voice. But we realized it wasn't just, you know, leaseholders or private landowners
[0:30:25] Voice 9: concerns it really was a concern for the whole island because it's uh it's quite unique among
[0:30:31] Voice 9: other gulf islands even though it had um you know indigenous village sites and active logging
[0:30:39] Voice 9: many many years ago and logging again there's areas of the island that are quite untouched
[0:30:46] Voice 9: and so it's very biologically rich and has some ecosystems that are untouched unlike some other
[0:30:53] Voice 9: of our gulf islands so we are we try to be a voice even though we're a conservancy we really
[0:31:00] Voice 9: are a voice for the island community so we we formed um partly because there was a change
[0:31:09] Voice 9: um to the uh green belt that was behind our cabins on the east side of the island this was crown land
[0:31:18] Voice 9: and as these properties were surveyed and developed there was this crown land green belt
[0:31:26] Voice 9: that was supposed to be in place in perpetuity and the government without us being aware
[0:31:33] Voice 9: changed the status of that by providing the lax and first nation with a woodlot license for that
[0:31:41] Voice 9: area. Now we can appreciate all the reasons why, but it did complicate things because we have a
[0:31:48] Voice 9: community trail network that's, you know, been put in place, I guess, since the 60s. And all of a
[0:31:56] Voice 9: sudden, you know, as you mentioned, you know, you're kind of not sure where you should walk
[0:32:01] Voice 9: anymore. So it kind of changed things for us. So that was one reason we formed. But then we also
[0:32:07] Voice 9: realized again to honor the biological values of the island it would be wise
[0:32:13] Voice 9: for us to educate the the cabin community and become a conduit so that
[0:32:23] Voice 9: we could bring our concerns forward to Mosaic or or at the time Island
[0:32:30] Voice 9: Timberlands or the Laksa first nation or the government or at least just become
[0:32:34] Voice 9: part of the dialogue for the island. So we run as other small non-profit societies. We've got a
[0:32:44] Voice 9: 12-member board. Again, we're aware that we're not a regulatory body. We're a charitable
[0:32:51] Voice 9: organization. We really just work to try and be good stewards of the land. And we are, of course,
[0:32:59] Voice 9: is governed by various municipal provincial and federal rules and regulations and we are
[0:33:05] Voice 9: well aware of that we also know as you do that the bylaws and constitution that governs our
[0:33:14] Voice 9: conservancy is based on the thetis island local trust committee bylaws and i you know again it's
[0:33:22] Voice 9: kind of a growing awareness i think from a lot of our cabin community how much these bylaws
[0:33:27] Voice 9: us, influence us, even though we're not very much involved with the Islands Trust, and we hope that
[0:33:34] Voice 9: we will improve that relationship. Certainly, when the official community plan was drafted that
[0:33:40] Voice 9: influences Valdez Island, I think only one of our cabin community members may have added some
[0:33:49] Voice 9: comments, like the rest of us had no clue what was going on, and so there was very little input
[0:33:55] Voice 9: input from any islanders. And that's something that we would like to try and address going
[0:34:02] Voice 9: forward. So I'm not sure, I hope this map is clear. I will go through it in detail. But
[0:34:09] Voice 9: there's kind of a mosaic of communities and interests on Valdez. So in that way,
[0:34:15] Voice 9: it's kind of unique. And in some ways, I think this mosaic will help protect the natural values
[0:34:23] Voice 9: use of the island in ways that perhaps won't be possible in other islands and that's very
[0:34:28] Voice 9: important to us but it also complicates kind of things some things as well so we know that there
[0:34:36] Voice 9: of course the the island was um is considered the ancestral lands of the lax and first nation
[0:34:42] Voice 9: although we know that there are other nations who lay claim to the island um we know the nation is
[0:34:50] Voice 9: and active treaty negotiations and at present you can see the um uh three um uh ir reserve blocks
[0:35:00] Voice 9: present um there's they are the kind of uh cream color so there's one in the north here one here
[0:35:08] Voice 9: at shingle point and one in poorlier pass the island has been logged um over 75 years ago
[0:35:16] Voice 9: Mack Blow Island Timberlands were active.
[0:35:18] Voice 9: We now have Mosaic Forest Management.
[0:35:21] Voice 9: They are about to start logging again.
[0:35:25] Voice 9: They have informed us.
[0:35:26] Voice 9: And then as far as the conservancy,
[0:35:29] Voice 9: we basically speak for those islanders
[0:35:32] Voice 9: who hold lease lots or own the land
[0:35:37] Voice 9: along the east side of the island here.
[0:35:41] Voice 9: Now, this map is a little old.
[0:35:43] Voice 9: you see these little red lines that indicate the lots they actually now continue right up to this
[0:35:49] Voice 9: reserve land block so this is what we call their our eastern cabin cabin community that's that's
[0:35:58] Voice 9: who we are and in reference to the crown land behind the cabins you'll see that as green
[0:36:05] Voice 9: so then there's the provincial park up at wakes cove that was established and then there are these
[0:36:12] Voice 9: these two recreational areas, one at Blackberry Point and one at the south end of the island at
[0:36:21] Voice 9: Vernacci Point. And these are on crown land, and they are supposed to be accessible. And
[0:36:30] Voice 9: they are ones that, sorry, that islanders use as well as people from off island.
[0:36:41] Voice 9: so as far as who do we speak for it's that cabin community on the east side of the island
[0:36:47] Voice 9: when the government allowed properties to be purchased several years back most people
[0:36:55] Voice 9: gave up their leases and bought the land there are still a few lease leases leaseholders there
[0:37:02] Voice 9: though. And as far as the community, there's cabins up to, say, from Porlier up to the main
[0:37:11] Voice 9: reserve land. And then there's some cabins just around Kendrick Island that go up to Gabriola
[0:37:18] Voice 9: Pass. But most of our members are in that lower large block, and we have over 100 family members
[0:37:24] Voice 9: units, so a lot more members. So the majority of islanders are members of this conservancy.
[0:37:32] Voice 9: we do end up speaking at times for others just because of our environmental advocacy and
[0:37:39] Voice 9: certainly from our standpoint we try and we have a couple of sort of signature events Peter was
[0:37:46] Voice 9: making reference to helping out with one of these years ago so we do try and fulfill our mandate
[0:37:52] Voice 9: about being stewards of the island by our annual bio blitz we've been doing it now for over 10
[0:38:00] Voice 9: years and certainly given the island's richness in regards to its ecosystems of special concerns
[0:38:09] Voice 9: some coastal bluffs are untouched which is quite remarkable and so each year we invite
[0:38:17] Voice 9: scientists to join us we also use this as a relationship building with LAX and First
[0:38:24] Voice 9: Nation staff and community members we've even reached out to Mosaic Forest Management staff
[0:38:30] Voice 9: staff we involve our community and we also involve students from Kaplan University as well as the
[0:38:37] Voice 9: Vancouver Island University so these are some shots from last year's efforts and we try and
[0:38:44] Voice 9: touch on most of the ecosystems some years focusing more on one than the other it's a great
[0:38:52] Voice 9: deal of fun the community looks forward to it it is an enormous amount of work and the reason for
[0:39:00] Voice 9: that is, of course, there are no services on Valdez. How do you get people there? Where do
[0:39:05] Voice 9: you put them up? How do you bring the food? How do you keep the food? Anyway, it's always worth
[0:39:11] Voice 9: it. But for me, it's like planning a very grand destination wedding. And I'm never sure if the
[0:39:17] Voice 9: bride and groom are going to turn up, being the scientists. We never know what the weather is
[0:39:22] Voice 9: going to be like. So one of the early pieces that informs some of our action, and we sure would like
[0:39:28] Voice 9: this to be looked at at some point. There was a sensitive ecosystem mapping study done,
[0:39:34] Voice 9: but it was done not by being on the island. But it helped inform some of our activities.
[0:39:43] Voice 9: But what do we do with all the information we gather? Well, we share it. We share it with the
[0:39:48] Voice 9: Lacs and First Nation. We've given them all our species lists and other conservancy groups if
[0:39:54] Voice 9: if they ask for it. We certainly use it as fuel for our conservation efforts. And we do have a
[0:40:01] Voice 9: very large biodiversity database online that is perhaps worthwhile checking. And then, of course,
[0:40:08] Voice 9: I apologize for you having to see me in this picture as well. But anyway, it's our annual
[0:40:15] Voice 9: newsletter. It's usually 27 pages long, articles from various biologists, Blacks and First Nation
[0:40:23] Voice 9: members students interviews with other scientists it's a real mixed bag we print this and mail it
[0:40:32] Voice 9: out and people tend to keep it in their cabins and value its content so as far as our environmental
[0:40:41] Voice 9: advocacy sort of outside of our what we do kind of on the land we do we are certainly very active
[0:40:51] Voice 9: with writing letters and joining other conservancy groups
[0:40:54] Voice 9: in regard to, say, the freighters at anchor.
[0:40:58] Voice 9: We are concerned about the enforcement of various laws.
[0:41:04] Voice 9: We have tried to remain in contact with reps
[0:41:08] Voice 9: from the provincial government.
[0:41:10] Voice 9: In the past couple of years,
[0:41:12] Voice 9: we have been meeting with representatives
[0:41:14] Voice 9: from the Ministry of Indigenous Relations
[0:41:17] Voice 9: and reconciliation in regards to them being aware that again we exist we would like to develop and
[0:41:28] Voice 9: have tried to develop a very respectful comfortable relationship with the lax and first nation
[0:41:35] Voice 9: but there are of course always a few concerns as you know people need to understand what's going
[0:41:42] Voice 9: going on in the treaty world to perhaps have less fear about what might happen to them so we've had
[0:41:48] Voice 9: some very productive meetings from ministry reps and they they promise we'll be at the table when
[0:41:54] Voice 9: the time comes and recently we've just joined the south coast ship watch alliance whose work we
[0:42:02] Voice 9: value so we have a few concerns and some of these come out in the last slide as far as our emerging
[0:42:09] Voice 9: issues but overall it's this lack of enforcement and we have some concerns about the herring
[0:42:18] Voice 9: population knowing that if it was more robust then it would solve a lot of the other issues
[0:42:24] Voice 9: biological issues in the gulf killer whale populations we see on a daily basis in the
[0:42:31] Voice 9: summer the effect of boat traffic it's perhaps because of the location of our cabins we face
[0:42:37] Voice 9: the Gulf, we face Vancouver, and there's a great deal of killer whale watching activity on that
[0:42:45] Voice 9: side of the island. We have other concerns, one of them we're hoping to tackle, and that's regarding
[0:42:53] Voice 9: the decimation of the intertidal zone by waste logs and the storm surges we've been having.
[0:43:01] Voice 9: Certainly one of our key efforts, and one that's kind of in transition right now, and I don't know
[0:43:07] Voice 9: if you could ever help us with this. But over the last 10 years, we were working with developing a
[0:43:14] Voice 9: relation with the LACs and First Nation. And I have to say that this was one of our best
[0:43:24] Voice 9: achievements. Sorry, I'm going to get emotional about this because Grand Chief Richard Thomas
[0:43:31] Voice 9: Thomas has retired, and I would recall going to meetings at the nation office,
[0:43:40] Voice 9: and when I would walk in the room, he would get up, he would come over, we would hug each other,
[0:43:45] Voice 9: and we'd have these in-person meetings. I've become very good friends, actually,
[0:43:50] Voice 9: with a couple of the counselors, Jennifer Jones and Frank Conabere, and it was glorious.
[0:43:56] Voice 9: glorious well then things changed there's a new chief there's a new council there's some new staff
[0:44:04] Voice 9: members and all of a sudden we're no longer at the table and it's been a difficult transition
[0:44:12] Voice 9: for us because we tried there's been no change on our part and uh you know i've just written
[0:44:19] Voice 9: a letter directly to the chief hoping and you know inviting her for lunch inviting the council
[0:44:24] Voice 9: for lunch kind of we feel like we we're now having to start all over again which is understandable
[0:44:31] Voice 9: uh but it is it is tricky especially for such a small volunteer organization now the one thing
[0:44:40] Voice 9: that is working or we hope it is is that the nation has a guardianship program now and the
[0:44:45] Voice 9: guardians have kind of taken on a more direct communication line with us and these are some
[0:44:52] Voice 9: pictures from last year where they were part of our bio blitz we um uh they offered up their boat
[0:44:59] Voice 9: to for us to do a marine bird survey at the beginning of the bio blitz um we've uh with
[0:45:05] Voice 9: their help we've been mounting purple martin boxes down at wakes cove and so there is this
[0:45:12] Voice 9: direct engagement and we hope that will continue um they seek our newsletters we send them to them
[0:45:18] Voice 9: and they distribute them to their community members.
[0:45:21] Voice 9: So it seems like it's all going well, but we're not quite sure.
[0:45:26] Voice 9: Last year, many of the LACSA Nation members and staff were going to join us for the BioBlitz,
[0:45:32] Voice 9: but the weather perked up, and they were not able to bring over their community members.
[0:45:39] Voice 9: So that was a bit tragic, and we're just waiting to see whether we go through with a blitz this year.
[0:45:46] Voice 9: It's just a great deal of effort.
[0:45:48] Voice 9: So just finishing up, this is a list of a few of our main concerns, I guess, and the slide has changed since I sent it to you because I actually heard from a few community members hoping we'd add a few things, and I'm really not sure if it sits under the purview of the Islands Trust or not.
[0:46:08] Voice 9: lot but there is this i will just quickly go through it we as mentioned we have a bit of
[0:46:13] Voice 9: concern about trying to um maintain uh or protect this community trail network that is through the
[0:46:22] Voice 9: green belt that is used really as a as trails from one cabin community to the next uh the trail
[0:46:31] Voice 9: network is one person width, it's very delicate as far as its footprint, goes
[0:46:38] Voice 9: through some beautiful forests and wetlands, and you know, it's
[0:46:45] Voice 9: unlikely that we could get a recreational trail license because the
[0:46:48] Voice 9: woodlot is in the license hands. We don't think they're interested in logging, but
[0:46:53] Voice 9: it is something that concerns Islanders. We do have concerns about the
[0:47:00] Voice 9: The management of fires, we know that there was a sort of fellow on a boat going around
[0:47:10] Voice 9: our fire, some kind of fire warden.
[0:47:13] Voice 9: We'd like to know if that is still being supported.
[0:47:15] Voice 9: We're not aware of where that is.
[0:47:18] Voice 9: Some of our cabin community members have their own hoses and water pumps.
[0:47:24] Voice 9: But of course, you have to hope for a high tide for that to work.
[0:47:27] Voice 9: One of our real concerns that affects the safety of the island cabin community is that on the provincial government website, it states that hunting is allowed on crown land on Valdez Island, and it gives the dates.
[0:47:46] Voice 9: Well, then you have the Lacs and First Nation saying no hunting on Valdez Island, and we distribute that information for them.
[0:47:55] Voice 9: and then you have mosaic forest management going along with the laxman's request saying no hunting
[0:48:03] Voice 9: on mosaics land so where do the hunters go they go to the green belt behind the cabins to hunt
[0:48:11] Voice 9: and this is where we walk and this is where our cabins board this is what our cabins border
[0:48:19] Voice 9: order. So we've had a bullet through our window of our cabin. Another individual has had a bullet
[0:48:25] Voice 9: in their front door. So this is of real concern. We are working with a lawyer who's
[0:48:34] Voice 9: volunteered its time to help us understand the value of conservation covenants. It was suggested
[0:48:43] Voice 9: we should reach out to the Islands Trust Conservancy to see about
[0:48:47] Voice 9: helping with this. It might be that we look
[0:48:51] Voice 9: at a group of landowners that might want to try and apply
[0:48:55] Voice 9: a conservation covenant to a few
[0:49:01] Voice 9: lands that border each other,
[0:49:03] Voice 9: say for the protection of the coastal bluff or protection for
[0:49:07] Voice 9: a wetland.
[0:49:08] Voice 3: Maria? Yeah. Maria, sorry.
[0:49:10] Voice 3: Sorry, I'm really, really sorry to interrupt you
[0:49:14] Voice 3: because this is really key information,
[0:49:17] Voice 3: but we are approaching 20 minutes
[0:49:19] Voice 3: and to
[0:49:20] Voice 3: extend your delegation,
[0:49:21] Voice 3: we'd need a unanimous vote of the local trust committee.
[0:49:25] Voice 3: And I know you're,
[0:49:27] Voice 3: but you're getting into quite a bit of detail.
[0:49:29] Voice 3: So can you, do you think you could wrap it up
[0:49:33] Voice 3: in a couple of minutes?
[0:49:34] Voice 3: Well,
[0:49:34] Voice 9: this is the last slide.
[0:49:36] Voice 9: So you see the statements here.
[0:49:40] Voice 9: They're somewhat self-explanatory, and so I can wrap it up right now, as long as you can perhaps review the slide at some point.
[0:49:52] Voice 3: Yeah, and perhaps a specific, is there, how can we help?
[0:49:58] Voice 3: And I want to leave some room for trustees to maybe ask you some questions, or, you know, as a result of this amazing presentation, what can we do?
[0:50:08] Voice 3: That would be, that's a point of discussion.
[0:50:11] Voice 3: So thanks so much.
[0:50:13] Voice 3: I don't want to close it.
[0:50:14] Voice 3: It's just we've got to keep to the time and respect the agenda.
[0:50:20] Voice 3: All good.
[0:50:21] Voice 3: Thank you.
[0:50:26] Voice 3: So, Trustees, I do want to hear from you.
[0:50:31] Voice 3: Is there a way that the Local Trust Committee can engage in a better way?
[0:50:39] Voice 3: I see this last slide has the lack of transparent engagement by Islands Trust and Local Trust Committees with the Conservancy and Islanders.
[0:50:47] Voice 3: And it does, it's very apparent to me that there's a big gap in sort of the governance.
[0:50:54] Voice 3: How does that translate to a partnership and working with this amazing group?
[0:51:01] Voice 3: So is there anything that we can do?
[0:51:05] Voice 3: Do we need to work on some next steps and perhaps meet together?
[0:51:10] Voice 3: Looking to both of you local trustees for some of your local insight there.
[0:51:20] Trustee Luckham: Well, perhaps I'll just jump in. Certainly would like, also would like to do more. We have our own challenges, of course, with many associated islands throughout the Islands Trust and throughout the Islands Trust area.
[0:51:36] Trustee Luckham: area. You know, I think one of the points that I picked up on there is when we did our OCP LUB
[0:51:43] Trustee Luckham: amendments on Thetis, I think that because Valdez has its own rural land use bylaw, RLUB, I think
[0:51:52] Trustee Luckham: it's called, which is unusual that some of those elements were not necessarily impactful, although
[0:51:59] Trustee Luckham: certainly in the broader terms were because they're island specific. But there's definitely
[0:52:03] Trustee Luckham: like room for more um certainly if there's opportunity to participate in the bioplits
[0:52:07] Trustee Luckham: on a personal basis i would be interested in doing that i have walked portions of the island
[0:52:13] Trustee Luckham: over the years i can't say i've walked it from one end to the other but i've certainly participated
[0:52:17] Trustee Luckham: in some walks with some of your uh residents and owners and of course i've spent a lot of time
[0:52:25] Trustee Luckham: along this along underwater on the seashore which is also a remarkable way to experience
[0:52:31] Trustee Luckham: experience your island. I can't help but wonder in your plea, sort of hidden plea there, or
[0:52:40] Trustee Luckham: hint about how costly it is to do some of the things you do, particularly at the Conservancy,
[0:52:45] Trustee Luckham: I can't help but wonder, although we've had budget cuts in some of the areas where we have
[0:52:51] Trustee Luckham: the ability to provide grants of sorts, we hadn't historically done grants before, but there's some
[0:53:00] Trustee Luckham: other mechanisms but with budget cuts and fiscal concerns we've certainly cut back and even funding
[0:53:08] Trustee Luckham: that available money that's available but there are opportunities if you've got something that
[0:53:14] Trustee Luckham: you might want to focus on that and would suggest that an engagement with staff on that aspect would
[0:53:21] Trustee Luckham: be helpful to and I think we have policy on site about the qualifications and things to do with
[0:53:28] Trustee Luckham: that but um yeah um would love to uh be able to engage with you more on many of these things of
[0:53:36] Trustee Luckham: which a number of them are not necessarily in our jurisdiction but within our jurisdiction
[0:53:41] Trustee Luckham: certainly would like to have the opportunity to do more that's all i can say thanks for being here
[0:53:47] Trustee Luckham: today thanks peter
[0:53:49] Voice 12: yeah and i would like to thank you for the presentation that was uh very
[0:53:53] Voice 12: very informative. As Peter mentioned, there's only so much that we can do with the resources
[0:53:59] Voice 12: we have, of course, but I'm always willing to be involved in something that is positive for
[0:54:07] Voice 12: your community. And I know we've been going to Valdez ever since, well, forever, I guess.
[0:54:15] Voice 12: And yeah, I know that the First Nations are becoming more aware. I mean, when we were over
[0:54:23] Voice 12: there in the early days the graveyard was wide open and uh people were disrespecting it
[0:54:29] Voice 12: unfortunately and i'm glad that some of those issues are now being respected which is great
[0:54:35] Voice 12: so um yeah i'm uh my ears are open thank you thank
[0:54:43] Voice 3: you trustees um one of the well the primary
[0:54:48] Voice 3: responsibility of the Thetis Local Trust Committee is to update its bylaws and land use regulations.
[0:54:55] Voice 3: And I do note that the land use bylaw or the rural land use bylaw has not been amended since
[0:55:04] Voice 3: 1998. And there's a lot in there that could be looked at significantly in including
[0:55:13] Voice 3: Including all those objectives that you mentioned and the challenges that you're encountering, this is really, I will say, it is the responsibility of the Islands Trust to be a convener of the agencies who are working together or supposed to be working together to uphold the object.
[0:55:37] Voice 3: That preservation and protection, not just of the flora and fauna, but people and communities. And so that is within our responsibility and where we have failed and not been able to convene agencies such as yourself and set the table for those conversations of continued cooperation.
[0:56:02] Voice 3: preparation, I think we need to do better. It's going to be incredibly challenging, but
[0:56:09] Voice 3: we must do it. That's our role. So, trustees, we could consider adding to the future projects list
[0:56:21] Voice 3: an update, engagement and consultation on the Thetis land use bylaw. That would be
[0:56:31] Voice 3: to evaluate the land use policies that are within our jurisdiction.
[0:56:37] Voice 3: I think there has been some conversation about updating the cooperation
[0:56:41] Voice 3: agreement with LAACs and First Nation.
[0:56:44] Voice 3: As you note, there's been change in leadership and things are in flux
[0:56:50] Voice 3: and we are following up as much as we're able and as LAACs and as able.
[0:56:57] Voice 3: So all I can say is we must do better. And we're going to take this, your presentation seriously, that you're holding so many threads here, Maria.
[0:57:11] Voice 3: And we so appreciate the difficult position that you're in representing landholders and the environmental and recreational and residential interests and trying to address the impacts of forestry and try to figure out where it's all going.
[0:57:33] Voice 3: Would it be helpful to have a further meeting?
[0:57:37] Voice 3: um have you met with our conservancy staff recently islands trust conservancy to talk about
[0:57:47] Voice 3: um these issues and i'll just so i i do sit on the board of the conservancy and the the one
[0:57:56] Voice 3: significant project that we're going to be doing in the next two years is engaging with all first
[0:58:01] Voice 3: nations in the trust area um to update the islands trust conservancy plan which is a five-year
[0:58:08] Voice 3: plan, a requirement by the minister. We had been going, I think, since 2018, an extension of the
[0:58:16] Voice 3: plan. And we keep extending the previous plan because the minister has asked for that deep
[0:58:22] Voice 3: and fulsome engagement with First Nations. And so an agency such as yours will 100% be involved in
[0:58:30] Voice 3: the process. But I think some of the information that you've provided would be really significant
[0:58:37] Voice 3: significant and of interest to the Conservancy? Have you had a chance to connect with
[0:58:43] Voice 3: anyone there?
[0:58:45] Voice 9: We communicated a long while ago, but not recently. So as a takeaway from this
[0:58:55] Voice 9: meeting, I think having that meeting facilitated would be good. But also, thank you for recognizing
[0:59:06] Voice 9: the complexity of our situation and also realizing that we have been a bit invisible so we we really
[0:59:14] Voice 9: very much appreciate that and we do need help we cannot we need to have the islands trust help us
[0:59:21] Voice 9: with our capacity to kind of carry out things in all these buckets that we try and manage
[0:59:30] Voice 3: absolutely yeah and and all of these complex issues we cannot address alone so i would suggest
[0:59:38] Voice 3: let's follow up after this meeting um even if there could be a meeting between myself and you
[0:59:47] Voice 3: and a representative from the conservancy staff um we could see which of the issues could be
[0:59:55] Voice 3: be addressed or perhaps are going to be addressed through the development.
[1:00:00] Voice 3: of the next ITC plan and then Thetis local trust committee we're going to put our minds to this
[1:00:05] Voice 3: and perhaps we could have a discussion at the next meeting as to are there elements
[1:00:13] Voice 3: forest fire monitoring and safety supports hunting regulations these are
[1:00:19] Voice 3: huge huge issues and we will do what we can to to help and support so thank you so much Maria
[1:00:26] Voice 3: Maria. Is there anything else?
[1:00:28] Voice 9: No, I just wanted is I think there's perhaps another is there another
[1:00:32] Voice 9: member of our board on the call that I'm not seeing? They don't have a video. I'm here, Maria.
[1:00:41] Voice 5: No,
[1:00:41] Voice 9: I know you're there, Doug. I just said I'm getting a text from another board member. I was
[1:00:46] Voice 9: thinking they were on the on the but perhaps they they were just zoomed in and had to zoom out
[1:00:53] Voice 9: again but um yes setting up another meeting and then there was discussion about maybe facilitating
[1:01:00] Voice 9: and on the island meeting at some point and uh we're open for that and we have a board meeting
[1:01:07] Voice 9: on april 10th so we'll take our information from this meeting to our own and probably be making a
[1:01:13] Voice 9: decision whether we're doing the blitz uh that uh as well so we can fill you in but let us know too
[1:01:21] Voice 9: Two, you know, what we need to do to maybe be a bit more aware of what's going on.
[1:01:30] Voice 9: Maybe we need somebody on our board to simply be the conduit to Islands Trust so that they're paying attention to meetings and things like that.
[1:01:39] Voice 9: But right now, I don't have the capacity to do that on top of everything else I'm trying to do.
[1:01:45] Voice 3: Yeah, understood.
[1:01:47] Voice 9: I'll
[1:01:48] Voice 3: follow up with you after, perhaps, with some ideas, Maria.
[1:01:51] Voice 9: Okay. Thank you so much for having us. Lovely to see you all.
[1:01:54] Voice 3: Thank
[1:01:54] Voice 9: you for your hard work. I know what it's like.
[1:01:59] Voice 3: Thank you. You are doing so much.
[1:02:03] Voice 3: We'll follow up. We'll take care and good luck on the BioBlitz.
[1:02:07] Voice 3: I hope it happens this year. We'll see. Thank you.
[1:02:10] Voice 3: All right. Take care. Bye now.
[1:02:16] Voice 3: Okay, trustees. That was a lot of really valuable information.
[1:02:21] Voice 3: I will follow up after with connecting them with the Islands Trust Conservancy, and we'll see what we can do as a local trust committee to address some of those elements, perhaps definitely with communication and sharing information.
[1:02:37] Voice 3: information. So now, if I haven't mistaken, I do believe we're at item 9.1, the Crown Lease
[1:02:46] Voice 3: 2028.2, Abrupt Shellfish, Inc., License of Occupation and Next Steps. And there is a staff
[1:02:52] Voice 3: report starting on page 16 of your agendas. Folks, Margot Tomaitis, turn it over to you.
[1:03:00] Voice 3: Thanks. Thanks, Chair Elliott.
[1:03:01] Voice 14: Can everyone hear me? Yeah, so I'll just assume that you're all
[1:03:07] Voice 14: Quite familiar with the history of this file, but the province has recently issued a 30-year license of occupation for a new 18.8-hectare subtitle aquaculture site to produce geoduck.
[1:03:23] Voice 14: And it's located at the entrance to Pretty Harbour between Thetis, Scott and Damon Islands.
[1:03:28] Voice 14: Islands. Aquaculture is not a permitted use in the area where the license was issued. Therefore,
[1:03:35] Voice 14: the proposed operations are not in compliance with the Thetis Island as well as the Thetis
[1:03:41] Voice 14: Associated Islands land use bylaws. So this report, the staff report provides the LTC with
[1:03:48] Voice 14: background information about the timeline of the Crown License of Occupation file and Islands Trust
[1:03:55] Voice 14: files, including the corresponding LTC rezoning applications that were submitted by the applicant
[1:04:03] Voice 14: in 2020 and 2022. All of the rezoning files have been closed. That one from 2022 has been closed.
[1:04:13] Voice 14: So there's no open rezoning application at this point. But yeah, since the 30-year license of
[1:04:20] Voice 14: occupation was issued. Staff recommended the LTC send a letter to the applicant to clarify
[1:04:26] Voice 14: the LTC's zoning jurisdiction over the marine area, as well as adopting a resolution to
[1:04:33] Voice 14: proactively enforce the, for land use bylaws for the marine area of the license. Director
[1:04:40] Voice 14: Cermak is also attending today, so you can help answer questions as well. Thank you.
[1:04:47] Voice 14: Thank
[1:04:50] Voice 3: you, Staff Tomaitis. Appreciate that. This is a very complex file and has come with the approval of the aquaculture or the license of occupation rather, did come as a surprise to the local trust committee.
[1:05:05] Voice 3: So this is the first time that we're able to discuss it publicly and in answer to questions about whether there has been communication to Islanders.
[1:05:16] Voice 3: There has not because we needed to do a lot of background research to understand a lot of the questions that were raised.
[1:05:27] Voice 3: And so this is the first opportunity for the local trust committee to speak to their concerns and questions. So, Director Cermak, do you have anything you wish to add, or are you just here to support and answer questions?
[1:05:45] Voice 10: Thank you, Chair. I'm
[1:05:46] Voice 11: just here to answer any questions you have. I have a lot of background information that is supplied in the staff report.
[1:05:54] Voice 11: I think most of the hard work was done by Margo, so anything you need from me, I'm here to support, and I'll leave it at that.
[1:06:04] Voice 3: Thank you, Director Cermak.
[1:06:07] Voice 3: So, Trustees, I'd like to turn it to you, and I know, Trustee Luckum, you've got some items you want to speak into the record.
[1:06:17] Voice 3: Please proceed.
[1:06:19] Trustee Luckham: Thank you very much, Chair.
[1:06:20] Trustee Luckham: Chair. I'm a little concerned about my battery capacity here. So if you don't mind, I'll just go
[1:06:26] Trustee Luckham: just run with this. I'll just and I and I want to read this, my comments into the record as
[1:06:36] Trustee Luckham: material for potential letter writing, which I'll talk about at the end of it. But I just want to
[1:06:42] Trustee Luckham: to say that I find a 30-year aquaculture lease a tragedy of a process that isn't aware of
[1:06:57] Trustee Luckham: what the impacts are. But anyway, nonetheless, so this is my response regarding occupation,
[1:07:04] Trustee Luckham: license of occupation number V931804.
[1:07:09] Trustee Luckham: So just, and these points come up
[1:07:13] Trustee Luckham: in reading the reasons for decision
[1:07:15] Trustee Luckham: and the letters advising us of the decision that they've made.
[1:07:21] Trustee Luckham: Preeti Harbor is a seasonally active harbor
[1:07:24] Trustee Luckham: facilitating attractive recreation uses.
[1:07:28] Trustee Luckham: The current uses are not industrial in nature.
[1:07:31] Trustee Luckham: The assessment of the industrial impacts is invalid and not compatible with the current uses, and that refers to the application.
[1:07:41] Trustee Luckham: Regarding First Nations consultation, we are unaware of any support for this project.
[1:07:48] Trustee Luckham: Please make records, if not the details, at least the facts of the consultation undertaken by the ministry,
[1:07:56] Trustee Luckham: and particularly who and when so that we too can be informed and that communication can be
[1:08:03] Trustee Luckham: transparent. I'm paraphrasing a bit. If a First Nation have been unable to respond to queries,
[1:08:10] Trustee Luckham: we know and they know that this does not constitute consultation. The public engagement
[1:08:17] Trustee Luckham: that has been undertaken to date by the applicant and by the ministry has been minimal and completely
[1:08:22] Trustee Luckham: inadequate. Posting comments or content on websites is not public engagement, transparent or
[1:08:29] Trustee Luckham: fair. Predator netting is a significant impediment to navigation, particularly anchoring
[1:08:37] Trustee Luckham: in a busy harbor. I think that deferring this to other agencies is a transference of responsibility
[1:08:47] Trustee Luckham: responsibility to perhaps many that aren't aware of the circumstances of our harbor.
[1:08:53] Trustee Luckham: The applicant has suggested to the ministry that they are sensitive to community concerns around
[1:08:59] Trustee Luckham: noise, hours of work, and scheduling. This is not in any way regulated and would be purely
[1:09:04] Trustee Luckham: voluntary. Failure of the applicant to meet the aspirations, as indicated, would fall on residents
[1:09:12] Trustee Luckham: and the boating public. We know that the ministry's enforcement is seriously under-resourced
[1:09:18] Trustee Luckham: and subsequently we know it is historically unresponsive,
[1:09:23] Trustee Luckham: siting thousands of kilometers of coastline with inadequate personnel. This is simply unfair
[1:09:30] Trustee Luckham: and not transparent. The applicant has stated and echoed in your response that the community
[1:09:36] Trustee Luckham: will be educated. Sorry, that is an insult. We do not need to be educated about a foreign
[1:09:44] Trustee Luckham: company's interest in exploiting British Columbia's marine environment with no local
[1:09:49] Trustee Luckham: benefit for economies or sustainable food. These industrial uses create products for export
[1:09:55] Trustee Luckham: with no local benefit. You have mentioned that it is inappropriate for an agency to fetter
[1:10:02] Trustee Luckham: the discretion of another agency. It is also inappropriate for an agency to ignore the
[1:10:07] Trustee Luckham: legislative authority of another agency. This rezoning is not unresolved, as you have suggested
[1:10:15] Trustee Luckham: in your letter. The Islands Trust, with the zoning authority, has denied the application
[1:10:20] Trustee Luckham: for a second time. In your summary, it is clear that despite your review of the application,
[1:10:26] Trustee Luckham: you are unfamiliar with the real nature of the geography. I note in particular that the ferry
[1:10:33] Trustee Luckham: does not transit the application area. The proximity to the westerly entrance to the harbor
[1:10:39] Trustee Luckham: used by transiting commercial and recreational vessels will be impacted however. I further note
[1:10:46] Trustee Luckham: that the ferry service which you have raised does provide local service. The aquaculture lease
[1:10:53] Trustee Luckham: peace will not. Finally, I'd like to raise the principles that you've raised in your reasons
[1:10:58] Trustee Luckham: for decision. And those principles are one, Crown land values are managed for the benefit of the
[1:11:04] Trustee Luckham: public. Two, economic, environmental, and social needs and opportunities are identified and
[1:11:09] Trustee Luckham: supported. The interest of First Nations communities are recognized. Four, decisions are timely, well
[1:11:15] Trustee Luckham: considered, and transparent. Five, public accountability is maintained during the
[1:11:20] Trustee Luckham: allocation of crown land. I and my community would argue that Principles 1, 2, and 3 have not
[1:11:28] Trustee Luckham: been met. Principle 4 has not been well supported. Your considerations do not seem to be well
[1:11:34] Trustee Luckham: informed, and as mentioned earlier, transparency seems inadequate. Principle 5, given what you
[1:11:41] Trustee Luckham: have observed and expressed, what we have observed and expressed to you, seems to have not been fully
[1:11:47] Trustee Luckham: accounted for. So those are my thoughts, and certainly that's compiled from the thoughts of
[1:11:54] Trustee Luckham: others. I am in support of the recommendations that are contained in this report, although we
[1:12:01] Trustee Luckham: know that bylaw enforcement is a long and time-consuming process, and if the applicant
[1:12:08] Trustee Luckham: puts his fishing gear into the water, it's going to take a long time, if not years, to prevent
[1:12:16] Trustee Luckham: further damage and the resulting impacts on the Thetis shoreline. I think this is a real red flag
[1:12:24] Trustee Luckham: for not just the Thetis Island Local Trust Committee but the Islands Trust generally
[1:12:28] Trustee Luckham: and I would like that the chair of this local trust committee in collaboration with the executive
[1:12:33] Trustee Luckham: committee and perhaps with council write to our minister to intervene with the minister of
[1:12:44] Trustee Luckham: environment on this matter, because this could happen anywhere. Anybody could come in, get a 30
[1:12:51] Trustee Luckham: year lease to put an agricultural activity in everybody's backyards. I find it very disrespectful
[1:12:59] Trustee Luckham: of the legislative authority that the Allens Trust holds. Those are my remarks. Thank you, Chair.
[1:13:07] Trustee Luckham: Thank
[1:13:09] Voice 3: you, Trustee Lockham. Those are very good and well thought out arguments and reasoning. And I'll note your last comment, the request that the Chair write to the Minister of the Environment to intervene. If you could put that into writing, let's consider that if it's going to be a resolution and send it to the minute taker as well. Thanks.
[1:13:32] Voice 3: Trustee Hunter, I'll turn to you for comments and questions.
[1:13:36] Voice 12: Thank you, Chair. I'm just wondering about the legality of this whole thing. In the reasons for decision on page 33 of the agenda, 34 it is, it says that as the decision, no, where the heck did it go now?
[1:13:55] Voice 12: Oh, yeah. At the time of this decision, zoning for the requested aquaculture activity at this location remains unresolved.
[1:14:06] Voice 12: So the province has gone ahead and issued the license.
[1:14:13] Voice 12: What are our options? Are we going to take legal action against them?
[1:14:17] Voice 12: or you know and if we start harassing the person that has a license with the bylaw enforcement
[1:14:26] Voice 12: are they going to turn around and sue us for harassment because they have a license of
[1:14:32] Voice 12: occupation i mean this is a really difficult situation we're in
[1:14:36] Voice 5: yep good
[1:14:38] Voice 12: questions um
[1:14:39] Voice 12: you know it's a legal it's a legal point we almost need a legal opinion before we do anything
[1:14:46] Voice 12: anything i think director
[1:14:50] Voice 3: sir max oh sorry
[1:14:52] Voice 12: go ahead well
[1:14:53] Voice 3: i just wanted to to know maybe director
[1:14:55] Voice 3: sir mac and manager dingman could answer about uh enforcement well
[1:15:02] Voice 11: i'll start if you don't mind
[1:15:03] Voice 11: chair and i don't think we need a legal opinion to understand uh that there's in the marine area
[1:15:09] Voice 11: as in other areas there's multiple jurisdictions and authorities in this circumstance the province
[1:15:14] Voice 11: is within their rights to issue a license of occupation.
[1:15:17] Voice 11: They have done so.
[1:15:19] Voice 11: They have also informed the applicant already
[1:15:21] Voice 11: that it's counter to zoning.
[1:15:22] Voice 11: The applicant knows this, and it's been confirmed
[1:15:25] Voice 11: both in the letter and in previous communications.
[1:15:27] Voice 11: And this letter that you would send out
[1:15:29] Voice 11: would then inform the applicant that they still require zoning
[1:15:34] Voice 11: if they proceed, and they could be subject to enforcement.
[1:15:37] Voice 11: There's no uncertainty anywhere in the legislation
[1:15:41] Voice 11: that I'm aware of, whether it's with the applicant
[1:15:44] Voice 11: province or ourselves. The problem, of course, is that
[1:15:48] Voice 11: the province has set this conundrum up whereby you may be forced to enforce
[1:15:51] Voice 11: whereas they could have been helpful and upheld your zoning
[1:15:56] Voice 11: as per our protocol agreement. But that's a separate discussion. I think legally it's very
[1:16:00] Voice 11: clear that you're allowed to enforce your bylaws
[1:16:04] Voice 11: and I don't think there's been any argument to counter to that.
[1:16:08] Voice 11: Perhaps Manager Dingman wants to say something?
[1:16:14] Manager of Bylaw Compliance and Enforcement: I can, Chair, if you wish.
[1:16:17] Voice 3: Please go ahead.
[1:16:19] Manager of Bylaw Compliance and Enforcement: So in this circumstance, if we do open the file,
[1:16:23] Manager of Bylaw Compliance and Enforcement: we investigate, we find an unlawful use,
[1:16:25] Manager of Bylaw Compliance and Enforcement: say, for example, we issue a violation notice,
[1:16:30] Manager of Bylaw Compliance and Enforcement: the leaseholder could dispute it,
[1:16:33] Manager of Bylaw Compliance and Enforcement: it could go to adjudication,
[1:16:34] Manager of Bylaw Compliance and Enforcement: and if we lose, then we might not have a strong case.
[1:16:40] Manager of Bylaw Compliance and Enforcement: However, if we win,
[1:16:41] Manager of Bylaw Compliance and Enforcement: And then the leaseholder could seek judicial review, as other disputants have done when they've lost adjudication.
[1:16:49] Manager of Bylaw Compliance and Enforcement: And then, yes, it would go before a judge for judicial review, and then the judge would decide the law on whether or not we are able to enforce the bylaw.
[1:16:59] Manager of Bylaw Compliance and Enforcement: in this case there is always the off chance that the leaseholder could initiate a notice of claim
[1:17:08] Manager of Bylaw Compliance and Enforcement: in court if bylaw enforcement proceeds and yes they could take it to court and then the local
[1:17:16] Manager of Bylaw Compliance and Enforcement: trust committee would have to decide whether or not it would wish to respond to that notice of
[1:17:21] Manager of Bylaw Compliance and Enforcement: claim it sounds right now but they would wish to respond and have it decided by a judge but there's
[1:17:27] Manager of Bylaw Compliance and Enforcement: There's a couple of paths that this could take.
[1:17:29] Manager of Bylaw Compliance and Enforcement: As Director Shermak has already pointed out,
[1:17:32] Manager of Bylaw Compliance and Enforcement: at least the leaseholder has been informed that he must comply with the local bylaws.
[1:17:37] Manager of Bylaw Compliance and Enforcement: So right now, I'd say we're on strong ground for enforcement.
[1:17:43] Voice 3: Thank you, Manager Stingman.
[1:17:46] Voice 3: I, too, have questions, maybe not so much about the legality,
[1:17:52] Voice 3: but in relation to the letter of understanding
[1:17:56] Voice 3: between the Ministry of Environment and Islands Trust
[1:18:00] Voice 3: and whether they actually follow due process.
[1:18:03] Voice 3: So two questions.
[1:18:07] Voice 3: Prior to issuing a decision letter to the applicant,
[1:18:11] Voice 3: it says BC Lands will notify Islands Trust of its decision.
[1:18:15] Voice 3: Islands Trust may request a meeting with BC Lands
[1:18:17] Voice 3: as provided for in Section 8
[1:18:20] Voice 3: to discuss outstanding areas of disagreement.
[1:18:23] Voice 3: So do they inform Islands Trust
[1:18:25] Voice 3: us before issuing that decision letter. I'm just checking the dates. The decision letter was
[1:18:34] Voice 3: February 21st. And I think we were sent the decision letter at the same time. So they issued
[1:18:42] Voice 3: the license and then informed us, if I'm not mistaken. And
[1:18:53] Voice 3: so if it follows their
[1:18:54] Trustee Luckham: direction,
[1:18:57] Voice 3: they asked us to clarify our jurisdiction in that letter. And they indicated they would be
[1:19:04] Voice 3: making a decision but they did not notify us. Anyway,
[1:19:12] Voice 3: that could be something to investigate.
[1:19:15] Voice 3: But Section 8, resolution of disagreements, I think perhaps in addition to letters to
[1:19:27] Voice 3: the Ministry of Environment, a meeting will be arranged with the planning staff, BC Lands,
[1:19:33] Voice 3: I understand that's already happened, where the above process is not successful, and both BC Lands and Islands Trust have demonstrated that all efforts have been made to resolve the issue for the period of 20 working days shall be allotted prior to publication of or public action on the decision.
[1:19:50] Voice 3: So I have a bit of a question whether the province has abrogated its own process by not allowing us time to come to table and discuss areas of disagreement.
[1:20:05] Voice 3: staff have but there are outstanding areas of disagreement and it's already issued the
[1:20:10] Voice 3: decision letter are there any grounds for uh pushing back on that uh
[1:20:23] Voice 11: well maybe i'll just
[1:20:24] Voice 11: jump into the void there the um i know what the minister what the letter says the memorandum or
[1:20:30] Voice 11: the letter of understanding but it's um it's not enforceable per se and to the um there's has been
[1:20:37] Voice 11: ongoing back and forth discussion with them and when we did meet with ministry staff um
[1:20:42] Voice 11: You know, their comments were that they went line by line looking at how well the applicant had met details of LTC's comments and so on and so forth.
[1:20:55] Voice 11: And they felt that the applicant, well, she was very adamant that there was the most compromised applicant or any applicant that's made about shellfish anywhere in her tenure area.
[1:21:08] Voice 11: area. So she was, I don't want to say supportive of the application, but very sympathetic to the
[1:21:16] Voice 11: applicant addressing all the needs that were written down. And once they've issued a license
[1:21:22] Voice 11: of occupation, I'm not sure if there's a judicial review component to it, but I don't think that
[1:21:27] Voice 11: based on the letter of understanding, there's any fallback in terms of that agreement. So I think
[1:21:33] Voice 11: the only path would be a judicial review or something similar, but I'm not aware of that
[1:21:37] Voice 11: process if it exists.
[1:21:43] Voice 3: Okay, thank you. So Trustee Hunter, back to your question about
[1:21:54] Voice 3: legal implications, and are we within our rights to enforce? Do you feel satisfied with those
[1:21:59] Voice 3: answers?
[1:22:02] Voice 12: Thank you, Chair. Yeah, I just see this as turning into a real problem.
[1:22:09] Voice 12: problem, I guess they can go ahead and have a license in their pocket to do the work.
[1:22:17] Voice 12: So we send them a letter and saying, well, you can't do it here because we're not allowing
[1:22:25] Voice 12: it.
[1:22:25] Voice 12: Well, they're saying, well, the province just said we could do it.
[1:22:32] Voice 12: Yeah.
[1:22:32] Voice 12: Then we launch a bylaw enforcement and like Trustee Luckman said, well, that's going to
[1:22:40] Voice 12: to take three or four years to go down the pike and it would be nice if we could do something to
[1:22:47] Voice 12: prevent it but i don't see that we're going to be able to actually stop it from happening at least
[1:22:53] Voice 12: beginning to happen does anyone have a solution for that with with the license of occupation in
[1:23:03] Voice 12: place that's so i'm worried that we're going to open up a real can of worms and unless we proceed
[1:23:14] Voice 12: Proceed slowly and carefully with it.
[1:23:20] Voice 12: Thank you.
[1:23:22] Voice 3: Director Sirmack, any comments on that?
[1:23:26] Voice 3: And then I'll check on.
[1:23:28] Voice 11: Sure, Chair.
[1:23:29] Voice 11: I mean, this is why you have the staff report before you about first steps.
[1:23:33] Voice 11: We have not sort of gone beyond first steps.
[1:23:36] Voice 11: I think the first step is to make sure that the applicant is well aware that the license of occupation does not give them permission to do the work in an area that's unzoned for it.
[1:23:45] Voice 11: But you're right.
[1:23:46] Voice 11: If they decide to start to proceed, then we have to go through enforcement if that's what the LTC wishes.
[1:23:53] Voice 11: And it's not an easy path to go down.
[1:23:58] Voice 11: I don't believe that there's any way we can, if the applicant knows that the license of occupation is not enough, and if they're doing so, that they're doing so willfully against the bylaw.
[1:24:13] Voice 11: And that is very well documented.
[1:24:15] Voice 11: And that's the point of this letter follow-up is to reconfirm that.
[1:24:19] Voice 3: Thank you.
[1:24:19] Voice 3: Yeah, that's a good point.
[1:24:21] Voice 3: Trustee Luckham?
[1:24:24] Trustee Luckham: Yeah, thank you.
[1:24:26] Trustee Luckham: Just want to say right off the cuff, I do want to open the can to worms, but I also want to follow, as Trustee Hunter has indicated, that we need to do that carefully, well-informed, and cautiously with information.
[1:24:39] Trustee Luckham: information. I guess one of the things that might be valuable and helpful to us is what legal
[1:24:48] Trustee Luckham: stand we have at all. And I think that may be a direct question to legal counsel as to whether
[1:24:57] Trustee Luckham: whether or not the aquaculture license not complying with zoning is sufficiently held in legislation that we would be successful in contesting that.
[1:25:14] Trustee Luckham: What's interesting in this associated with that legal question is actually providing this decision that they've made to council to refer to as background information,
[1:25:25] Trustee Luckham: Because, indeed, the minister has said specifically that the zoning is still unresolved. Well, it may be unresolved, indeed, with respect to the applicant proceeding. It is resolved, as far as the LTC is concerned, because we've turned it down twice.
[1:25:46] Trustee Luckham: So I would like to know whether there's any legal ground to stand on, because if there's not, then the direction that we want need to go is going to be very different than fighting an individual applicant, which I don't want to do that across the island's trust area, because quite honestly, others are going to consider, oh, this is a nice way to get a 30 year license for an aquaculture operation in the southern Gulf Islands.
[1:26:15] Trustee Luckham: And I can see a proliferation of this.
[1:26:17] Trustee Luckham: So I would be interested in our regional manager, director of land use planning, losing my language here, as to whether or not a legal opinion on the strength of a legal contest.
[1:26:41] Voice 3: Against Ministry of Environment?
[1:26:43] Voice 3: Yes.
[1:26:44] Trustee Luckham: Oh, no, actually against the applicant proceeding without the rezoning in place.
[1:26:55] Voice 3: Okay.
[1:26:55] Trustee Luckham: And actually, I'll just add, I wouldn't be in favor of taking this to mediation or whatever
[1:27:02] Trustee Luckham: it is you call it, because there's not the legal strength or background that is necessarily
[1:27:07] Trustee Luckham: going to support us, as the ministers have indicated, which I have some concerns about.
[1:27:12] Trustee Luckham: And this is your words, Stefan, that the ministers seem to be sympathetic to the applicant.
[1:27:18] Trustee Luckham: applicant, and that may be your language, but that is inappropriate because the minister should
[1:27:25] Trustee Luckham: not be sympathetic to an applicant, but should be sympathetic to the cause of the community
[1:27:30] Trustee Luckham: that activity is being undertaken. So I think we need to be careful there.
[1:27:36] Voice 11: Yeah. If I may, Chair, just jump in there. I don't want to put words in the mouth of
[1:27:40] Voice 11: of ministry staff. I express that word just to describe the conversation.
[1:27:46] Voice 11: conversation um i think it's fair to say that they did their complete assessment that they felt
[1:27:52] Voice 11: met all their their guides and regulations i don't want to put any subjective language and i
[1:27:56] Voice 11: apologize if i led you down that path oh
[1:27:59] Trustee Luckham: and that's fair and chair if i may yeah i would just
[1:28:03] Trustee Luckham: add that um i think that the ministry staff had conversations with the applicant that he has not
[1:28:10] Trustee Luckham: had with the elected representatives absolutely
[1:28:14] Voice 3: yeah
[1:28:15] Trustee Luckham: so it's problematic all around
[1:28:17] Voice 3: so so your
[1:28:19] Voice 3: question is um whether we should get a legal legal opinion on suing the applicant for if they if they
[1:28:27] Voice 3: proceed like at what point um are you suggesting um launching a lawsuit as
[1:28:38] Trustee Luckham: soon as somebody sees
[1:28:39] Trustee Luckham: tackle netting and buoys being installed.
[1:28:44] Voice 3: Okay, so that is a question. Good.
[1:28:47] Voice 3: I have a question about First Nations engagement.
[1:28:50] Voice 3: Page 19 of the report, and I know staff had
[1:28:54] Voice 3: followed up with Penelakut
[1:28:57] Voice 3: tribes. We haven't heard back from Laiaks and First Nation,
[1:29:03] Voice 3: I understand, but where do things stand? Have you heard
[1:29:07] Voice 3: anything since their meeting of March 25th?
[1:29:18] Voice 14: Oh, yeah. Thanks, Charlie. I thought maybe Director Cermak
[1:29:22] Voice 14: would answer that one. But no, we have heard that they
[1:29:26] Voice 14: discussed it at their meeting, and I believe the chief was
[1:29:30] Voice 14: preparing a letter. I haven't heard anything
[1:29:34] Voice 14: since then. So perhaps it's underway.
[1:29:39] Voice 3: But if you can articulate, Director Cermak, because you were in a meeting
[1:29:42] Voice 3: with them. I do believe you said that this had come as a
[1:29:46] Voice 3: surprise and they had not been informed that this license
[1:29:50] Voice 3: of occupation would be issued. Am I correct?
[1:29:54] Voice 11: Thank you, Chair. We had a staff person who
[1:29:58] Voice 11: has...
[1:30:00] Voice 11: of relations and in terms of being able to pick up the phone and call and so i again i'm a third
[1:30:04] Voice 11: person um relay so how it was conveyed to me that that uh the chief of penelope chief pam jack
[1:30:11] Voice 11: was unaware of the current status of the license of occupation and that they expressed that they
[1:30:18] Voice 11: did not support and a letter would be forthcoming once they'd had their meeting uh the meeting they
[1:30:23] Voice 11: had their board and council meeting and that they
[1:30:28] Voice 11: reached out for further information and we haven't heard beyond
[1:30:31] Voice 11: that. So they're following through with that.
[1:30:35] Voice 11: I think it's fair to say that they are not in support.
[1:30:40] Voice 3: Thank you for that clarity. Trustee Hunter?
[1:30:44] Voice 12: Thank you, Chair.
[1:30:46] Voice 12: I just wanted to say I really appreciate this
[1:30:49] Voice 12: work that the staff has done on this. It's a very detailed report
[1:30:53] Voice 12: and I am now inclined to go along with the recommendations as they're printed
[1:31:00] Voice 12: because as a first steps, we have to start somewhere.
[1:31:04] Voice 12: It's a good thing.
[1:31:06] Voice 12: Also, my brother happens to live on the shoreline there right in front of the
[1:31:11] Voice 12: license of occupation.
[1:31:13] Voice 12: He has a full view of the whole area.
[1:31:16] Voice 12: And I'm asking him to observe and write down dates and any activity that he may consider is supporting the license of occupation, which is, to me, important.
[1:31:31] Voice 12: So would the bylaw enforcement start immediately or would it wait until somebody actually puts something in the water?
[1:31:46] Voice 3: That's a question to you, Manager Dingman.
[1:31:48] Voice 3: So,
[1:31:50] Manager of Bylaw Compliance and Enforcement: Chair, if the Local Trust Committee adopts the motion to begin bylaw enforcement, we would contact the leaseholder right away to begin a conversation so that it would be communicated to them, our position, that the use, if it begins, would be unlawful.
[1:32:12] Manager of Bylaw Compliance and Enforcement: we're not going to take any action unless there's actual and unlawful use
[1:32:16] Manager of Bylaw Compliance and Enforcement: but we would open the file we would contact them and we would ensure
[1:32:20] Manager of Bylaw Compliance and Enforcement: that the license holder knows that without rezoning
[1:32:25] Manager of Bylaw Compliance and Enforcement: it would be a non-permitted use.
[1:32:30] Voice 3: Thank you for that
[1:32:32] Voice 3: so I'm hearing some consensus that staff
[1:32:36] Voice 3: recommended first or next steps rather are
[1:32:39] Voice 3: a good idea I would like some discussion on whether
[1:32:44] Voice 3: whether a letter to the Ministry of Environment
[1:32:46] Voice 3: on the potential implications of this kind of decision
[1:32:53] Voice 3: would be advisable at this time
[1:32:55] Voice 3: or whether we need to wait a little bit longer.
[1:32:59] Voice 3: The timing of this to me is curious
[1:33:01] Voice 3: and the strongest reason offered in the decision letter
[1:33:05] Voice 3: is actually economic benefit to Canada.
[1:33:07] Voice 3: It's not local benefit to residents.
[1:33:11] Voice 3: It's not local food production. This is, my understanding, geoduct aquaculture to be shipped offshore.
[1:33:23] Voice 3: And so this comes right in the middle of we are wrestling provincially, federally with the impacts of tariffs and a retrenchment into bolstering Canadian economic production of any kind will almost certainly have impacts for the trust area.
[1:33:48] Voice 3: If this kind of activity is advanced over and above the interests of First Nations in the area and the residents of Thetis Island, let alone upholding the mandate of the trust.
[1:34:03] Voice 3: So I do have concerns that this indicates a priority of sort of larger concerns being advanced over and above the local concerns, which are well documented.
[1:34:20] Voice 3: And I would like to see something put forward to the Ministry of Environment saying if you're not going to respect the Islands Trust object and our responsibility to uphold it and our jurisdiction in local matters, then we have to have a conversation.
[1:34:40] Voice 3: There needs to be elected officials at the table and soon.
[1:34:46] Voice 3: So I think this is potentially going further than staff-to-staff, but I don't know if this is the time for that, or we should wait for these first two pieces and then take some action towards the Minister of Environment.
[1:35:06] Voice 3: Trustee Luckham?
[1:35:09] Trustee Luckham: I have actually forwarded a motion to the minute taker, I think it's Lisa, likely has that now, to take further action.
[1:35:18] Trustee Luckham: And, of course, a supplementary motion to the two that are already potentially on the table that I also support would be at the discretion of yourself and the executive committee as to when you undertook that.
[1:35:31] Trustee Luckham: But I think given the infrequency of the Theta Sound Local Trust Committee meetings, I would like to provide that opportunity at your discretion to write when it seems apparent.
[1:35:44] Trustee Luckham: parent. I feel it's necessary to say one thing, that historically, the province has provided
[1:35:58] Trustee Luckham: aquaculture licenses to foreign, being American, the United States, and outside of the realm of
[1:36:07] Trustee Luckham: the current political climate. Historically, American companies are buying aquaculture
[1:36:12] Trustee Luckham: your licenses on the coast of British Columbia. And when you're issuing a 30-year license to a
[1:36:19] Trustee Luckham: company to continue that handing over of territorial waters and interests that belong
[1:36:30] Trustee Luckham: to First Nations, it's just so negative in my mind. And particularly when many of the nations
[1:36:39] Trustee Luckham: up and down the coast are in treaty negotiations, and we're selling off the goods on the table
[1:36:48] Trustee Luckham: prior to the treaty work being done. And I'm not speaking for First Nations. I'm speaking for an
[1:36:55] Trustee Luckham: outraged Canadian on this, and a trustee, and on behalf of my community members that believe the
[1:37:02] Trustee Luckham: same thing. This cannot proceed under the context of the present principles that appear to be
[1:37:14] Trustee Luckham: supporting this. And so I'm ready to make that motion, but I think that, and I'm going to defer
[1:37:20] Trustee Luckham: to somebody else at the table because my laptop has died and I'm working on my phone now. You can
[1:37:25] Trustee Luckham: see that, I guess, but would be happy to second the motions that are on the table. And then that
[1:37:30] Trustee Luckham: that other motion.
[1:37:31] Trustee Luckham: I would like to advance that
[1:37:33] Trustee Luckham: and it would be at your discretion.
[1:37:37] Voice 3: Thank you, Trustee Luckom.
[1:37:39] Voice 3: I don't know if you have the ability
[1:37:41] Voice 3: to put it on screen, Lisa, but that would be helpful.
[1:37:46] Voice 3: Let's go through the,
[1:37:47] Voice 3: I just want to make sure we've had enough discussion,
[1:37:51] Voice 3: but recognizing your laptop seems to be expiring,
[1:37:54] Voice 3: Trustee Hunter.
[1:37:57] Voice 12: Thank you, Chair.
[1:37:58] Voice 12: I know we're not at number two yet on the recommendations,
[1:38:01] Voice 12: but is there any chance of taking the word immediately out of there?
[1:38:06] Voice 12: Because the timing is important in this.
[1:38:10] Voice 12: Are you asking for a response in number one from the permit holder?
[1:38:16] Voice 12: Or are you just making them aware that if they do put stuff in the water,
[1:38:22] Voice 12: then it's against our bylaw?
[1:38:24] Voice 12: Yeah.
[1:38:24] Voice 4: Are
[1:38:25] Voice 12: you going to give them a chance to respond to that in a letter?
[1:38:28] Voice 12: Or are we just going to start bylaw enforcement immediately without, how do we even know that they've got the letter?
[1:38:36] Voice 12: Shouldn't we wait like a week or two?
[1:38:39] Voice 3: So let's get a motion on the floor.
[1:38:41] Voice 3: It sounds like we need to discuss the sort of terms.
[1:38:45] Voice 3: If you want to move that, then we can have discussion on timing for that second step.
[1:38:51] Voice 3: Would that be okay?
[1:38:52] Voice 3: Trustee Hunter, do you want to move the first recommended motion there?
[1:38:56] Voice 12: Okay.
[1:38:57] Voice 12: I move that.
[1:38:58] Voice 12: the Thetis Island Local Trust Committee requests staff to draft a letter to the applicant for
[1:39:03] Voice 12: TH-CL-2018.2, Panaqui, confirming that while the applicant has received a license of occupation
[1:39:12] Voice 12: from the province number V931804 to carry out industrial shellfish aquaculture, the Water 4
[1:39:21] Voice 12: W4 zone in the Thetis Island Land Use By-law number 89 and the Marine General W1 zone in
[1:39:27] Voice 12: and the Thetis Associated Islands Land Use Bylaw No. 94
[1:39:32] Voice 12: do not permit marine aquaculture operations
[1:39:35] Voice 12: and a rezoning is required.
[1:39:40] Voice 3: Second.
[1:39:41] Voice 3: Thank you.
[1:39:42] Voice 3: And a call for a seconder, Trustee Luckham.
[1:39:45] Voice 3: Seconds.
[1:39:46] Voice 3: Discussion on the motion.
[1:39:50] Voice 3: Trustee Hunter?
[1:39:52] Voice 3: No.
[1:39:53] Voice 3: Trustee Luckham?
[1:39:56] Trustee Luckham: Should we indicate something in that letter?
[1:39:59] Trustee Luckham: Maybe, Warren, you've probably got a boilerplate thing that you use.
[1:40:03] Trustee Luckham: does it indicate that a response within the receipt within 30 days or should we just send
[1:40:08] Trustee Luckham: it registered or how does that how do you see that unfolding for
[1:40:13] Manager of Bylaw Compliance and Enforcement: this letter that you're approving
[1:40:15] Manager of Bylaw Compliance and Enforcement: here there shouldn't be a deadline it should just be straight communications this isn't necessarily
[1:40:19] Manager of Bylaw Compliance and Enforcement: going to come from bylaw staff this can just come from planning staff and it should be a relatively
[1:40:26] Manager of Bylaw Compliance and Enforcement: soft letter without deadlines i mean we don't
[1:40:30] Manager of Bylaw Compliance and Enforcement: know what they're doing yet right they have we don't
[1:40:33] Manager of Bylaw Compliance and Enforcement: know if they've actually taken any steps to establish their operation in the water no
[1:40:38] Trustee Luckham: but
[1:40:39] Trustee Luckham: we want to make sure they don't go out and spend money and start doing that but um how do we
[1:40:47] Trustee Luckham: determine whether or not they've received it should there be some kind of tracking or registering or
[1:40:52] Trustee Luckham: something it
[1:40:53] Manager of Bylaw Compliance and Enforcement: could be sent by registered mail that's sort of the safe way but most people get
[1:40:56] Manager of Bylaw Compliance and Enforcement: their mail anyway but we also believe i we have an email address so you would do it send by email
[1:41:02] Manager of Bylaw Compliance and Enforcement: mail and you can send by registered mail just so that they know it's serious correspondence and we
[1:41:07] Manager of Bylaw Compliance and Enforcement: want confirmation okay and
[1:41:12] Voice 3: i have a question would we cc the province um and the provincial
[1:41:16] Voice 3: staff on that okay that's great any further questions or just oh trust director sir mac
[1:41:24] Voice 11: thank you chair i i would just like to confirm that when i we spoke to provincial staff we uh
[1:41:28] Voice 11: we told them that if this letter gets this type of resolution gets adopted they will be cc'd
[1:41:33] Voice 11: And I would further recommend that we CC the various First Nations that were CC'd on the other letter.
[1:41:40] Voice 11: So everybody should be informed of this letter.
[1:41:45] Voice 3: Including Transport Canada, Fisheries and Oceans Canada?
[1:41:48] Voice 3: Or does that matter?
[1:41:50] Voice 11: I think it's good to keep the chain alive so everybody knows that this conversation is happening, personally.
[1:41:56] Voice 3: Okay, and then the tone will be, this is information, this is not, you know,
[1:42:02] Voice 3: we're considering legal action or if you do proceed without a rezoning these will be next
[1:42:08] Voice 3: steps we'll just inform them there is that need for the rezoning okay any further questions or
[1:42:16] Voice 3: discussion i'll call for the vote all those in favor all right just
[1:42:21] Voice 3: raise your hand or say aye
[1:42:22] Voice 3: that is carried thank you and uh does someone want to read the second motion and before it
[1:42:31] Voice 3: seconded let's have discussion on the wording yeah okay
[1:42:40] Voice 3: trustee hunter can you read that number
[1:42:42] Voice 12: two there
[1:42:43] Voice 3: please thanks i
[1:42:44] Voice 12: move that defeats on local trust committee direct bylaw enforcement
[1:42:47] Voice 12: staff to immediately commence an investigation of non-permitted uses in the marine area where
[1:42:52] Voice 12: license of occupation number v931804 was issued so
[1:43:00] Voice 3: before it seconded um you had a question whether
[1:43:04] Voice 3: Feather immediately should be in there.
[1:43:07] Voice 3: Should we leave the timing to staff?
[1:43:11] Voice 12: Well, yeah,
[1:43:13] Voice 12: I think it would be more appropriate
[1:43:15] Voice 12: if we're not trying to ruffle a bunch of feathers right off the bat.
[1:43:17] Voice 12: Let's keep it professional.
[1:43:20] Voice 12: And maybe they'll write back and say,
[1:43:24] Voice 12: well, because China's put a 25% tariff on British Columbia seafood,
[1:43:28] Voice 12: we're not going to proceed right now.
[1:43:30] Voice 12: Who knows what they're going to say.
[1:43:31] Voice 12: so what
[1:43:33] Voice 3: are the latest numbers on the the tariff wasn't it up to 50 somebody said director sermac
[1:43:39] Voice 3: it might be higher yeah yeah this may be a non-starter for now but it is a 30-year lease so
[1:43:48] Voice 5: yeah yeah
[1:43:49] Voice 3: um so do you want to remove the word immediately or um just leave that at the
[1:43:55] Voice 3: discretion of staff trustee hunter well
[1:43:58] Voice 12: i'll leave it up to warren i guess i mean uh
[1:44:02] Voice 12: Yeah. I just think that they should have a chance to read the letter before they get a call. That's all.
[1:44:13] Voice 3: Okay. I'm hearing let's remove the word immediately and just to commence the investigation of non-permitted uses. Is that acceptable to everyone? I'll call for a seconder.
[1:44:28] Trustee Luckham: I'll second that as amended by the removal of the word immediately.
[1:44:35] Voice 3: Seconded by Trustee Luckum.
[1:44:37] Voice 3: Any more discussion on the motion?
[1:44:40] Voice 3: Okay.
[1:44:41] Voice 3: All those in favor, please raise your hand or say aye.
[1:44:44] Voice 12: Aye.
[1:44:45] Voice 3: And that is carried.
[1:44:47] Voice 3: Thank you.
[1:44:48] Voice 3: Now, if we could have Trustee Luckham's third motion perhaps put on screen, Lisa, if possible.
[1:44:57] Voice 3: Thanks.
[1:44:58] Voice 4: Perfect.
[1:45:03] Voice 3: Did you want to read that out, Trustee Luckham?
[1:45:05] Trustee Luckham: I can, yeah.
[1:45:06] Trustee Luckham: I've got it right here.
[1:45:07] Trustee Luckham: That's amazing.
[1:45:08] Trustee Luckham: Amazing. I move that the Thetis Island Local Trust Committee request that the chair of the local trust committee with executive committee and staff write to the Minister of Municipal Affairs asking for the minister to advocate for upholding the zoning authority of the Islands Trust, specifically in the case of the Thetis Island Trust, Thetis Island license of occupation and for Islands Trust Council.
[1:45:37] Trustee Luckham: So sorry. Yeah, that's great. Thank you, Lisa.
[1:45:41] Trustee Luckham: Okay,
[1:45:44] Voice 3: before it's seconded, do we want to put the reference to the, let's say, in the case of the Theodosia and Local Trust Committee, following
[1:45:56] Trustee Luckham: occupation, the V9176 or whatever it is,
[1:46:00] Voice 3: V931804, having been issued contrary to the land use bylaw or contrary to zoning.
[1:46:11] Voice 3: zoning yeah so then if we could insert uh sorry from following up to zoning lisa what you just
[1:46:24] Voice 3: typed out i think it's the zoning authority of the fetus local trust committee then put in
[1:46:33] Voice 3: following the issuing of license of occupation having been issued contrary to zoning
[1:46:41] Trustee Luckham: Yeah,
[1:46:41] Voice 3: so that's the third
[1:46:42] Trustee Luckham: from the bottom line where it says just the word.
[1:46:46] Voice 3: So after the first line, local trust committee, remove following occupation up to zoning.
[1:46:55] Voice 3: Yeah.
[1:46:57] Voice 3: Nope, including zoning.
[1:47:02] Voice 3: And then we're going down to specifically in the case of the Thetis Island local trust committee's authority regarding, and then you could insert that text.
[1:47:26] Voice 3: we need to clean that up regarding license of occupation yes zoning and then you can after
[1:47:39] Voice 3: zoning take out those three words license of occupation what did you mean by for islands
[1:47:44] Voice 3: trust council well
[1:47:47] Trustee Luckham: because we're asking the minister here um it's asking uh the minister
[1:47:51] Trustee Luckham: to uphold the zoning authority of both the thetis island local trust committee but more broadly and
[1:47:59] Trustee Luckham: And generally, which I think is important here, is that of Islands Trust Council, all LTCs.
[1:48:04] Voice 3: I see. So upholding the zoning authority, how about local trust committees and Islands Trust Council, comma, specifically in the case of the Thetis Island Local Trust Committee.
[1:48:16] Voice 3: So can you insert the zoning authority of the local trust committees and the Islands Trust Council to remove the Islands Trust? Does that make sense?
[1:48:28] Voice 3: Right.
[1:48:29] Trustee Luckham: That makes a lot more sense. That's why you're the writer.
[1:48:34] Trustee Luckham: That's it.
[1:48:37] Voice 3: Council, comma, specifically in the case of theosons, and then apostrophe S after committee below.
[1:48:46] Voice 5: Yeah, and a period after zoning at the very end.
[1:48:52] Voice 3: That's it. Contrary to zoning period. Okay. Could you read that out for clarity?
[1:48:57] Voice 3: and we'll make sure it's accurate before seconding.
[1:49:00] Voice 3: And then, oh, sorry, Director Cermak, I see you there.
[1:49:04] Voice 3: Do you want to speak now about terminology?
[1:49:07] Voice 11: Well, I have a couple of questions.
[1:49:09] Voice 11: I don't want to go in front of Trustee Hunter if he's got a comment.
[1:49:13] Voice 11: I have one about sort of accuracy of this question and intent.
[1:49:17] Voice 11: So whenever you'd like, Chair.
[1:49:22] Voice 3: Trustee Hunter, did you have a comment?
[1:49:23] Voice 12: Yeah, yeah, thanks, Chair.
[1:49:24] Voice 12: It's just the number should be 931804, that's all.
[1:49:27] Voice 12: Oh,
[1:49:28] Voice 3: thank you so much.
[1:49:33] Voice 11: Excellent. Then through the chair?
[1:49:35] Voice 3: Yep, please do.
[1:49:36] Voice 11: Okay, so just a few questions. I want to be clear that staff from the ministry have not challenged the local trust committee's authority, right? They have acknowledged that you have the authority to permit the zoning or not. They've reiterated that to the applicant and to Islands Trust staff.
[1:49:55] Voice 11: so i think what i'm hearing is more of a concern of cooperation that they're not
[1:50:02] Voice 11: um you know recognizing the islands trust act they're not recognize they're uh they're issuing
[1:50:07] Voice 11: things contrary to the zoning and we did pose that question to them how many license of occupation
[1:50:13] Voice 11: do you issue that's contrary to zoning and we got an answer of less than one sorry that's my
[1:50:19] Voice 11: April Fool's joke. So I think that's unique
[1:50:23] Voice 11: in this circumstance. And I think, I'm not sure, I don't
[1:50:27] Voice 11: want to put words in your mouth, Trustee Luckham, but
[1:50:31] Voice 11: there's no challenge to authority. I think that's well understood. I think that what I'm hearing more
[1:50:35] Voice 11: is concerns about cooperation. But that's just my take, and I don't want
[1:50:39] Voice 11: to take away from it. But it might change the tenor of how we proceed with this at the
[1:50:43] Voice 11: EC level.
[1:50:45] Trustee Luckham: Well, yeah, and I'd be satisfied for EC to write
[1:50:48] Trustee Luckham: with your advice how it seems appropriate but i think that there is a little bit of a challenge
[1:50:55] Trustee Luckham: there and that you've indicated that they haven't done this sort of thing before and so why are they
[1:51:02] Trustee Luckham: doing it now um because it's a it's a fool's game right um um they've issued the license we
[1:51:14] Trustee Luckham: We simply ask them, in our previous letters, that given that the local trust committee has not rezoned the property as requested,
[1:51:22] Trustee Luckham: and, you know, we always keep an open mind, but in all likeliness, unless something dramatically changes,
[1:51:31] Trustee Luckham: may not choose to issue it in a future rezoning, which I believe requires a one-year period of waiting after a denial.
[1:51:39] Trustee Luckham: while. They're issuing a license. We just simply asked them, we're not permitting this.
[1:51:50] Trustee Luckham: You should withdraw the license. What they've done is issued the license rather than withdrawing
[1:51:57] Trustee Luckham: it. I recognize that our ministry has not engaged in this. It is the minister environment,
[1:52:09] Trustee Luckham: And I think that the way this needs to work is if we have an issue, the minister responsible for the Islands Trust should, if he believes it to be true, that our concerns are legitimate, that then that minister should advocate to the minister environment to rectify this problem or natural waters and land and resources, whatever it is these days.
[1:52:35] Voice 3: OK, so I do think a bit.
[1:52:39] Voice 3: I
[1:52:40] Trustee Luckham: tried to make the motion simple.
[1:52:42] Voice 3: Yes, to advocate for...
[1:52:46] Voice 3: You
[1:52:51] Trustee Luckham: could say advocate to the Minister of Water, Lands and Natural Resources
[1:52:55] Trustee Luckham: on behalf of the Islands Trust Council,
[1:52:57] Trustee Luckham: but that just seems to be getting a little bit more complex.
[1:53:01] Trustee Luckham: I think you, Toby, have full faith in that you'll be able to articulate the situation.
[1:53:08] Voice 3: Well, the tricky part is that the zoning is not unresolved
[1:53:13] Voice 3: And that the minister has sort of, well, through the ministry staff, have put this on us to apparently resolve that.
[1:53:23] Voice 3: And the LTC needs to indicate that it's not going to rezone because it's contrary to the OCP and the policy statement and not in the interests of the community of the First Nations that we've been in conversation with or to the benefit of the trust area.
[1:53:40] Voice 3: So what are we advocating for? That the minister responsible for the Islands Trust engage with the Ministry of Water, Lands and Resources to articulate or to, they need to sort it out.
[1:54:01] Trustee Luckham: Exactly. And it may not
[1:54:03] Trustee Luckham: just be waters, lands and natural resources.
[1:54:07] Trustee Luckham: It might be Indigenous Affairs. It might be, you know, whomever's responsible for the Land Act these days.
[1:54:16] Trustee Luckham: Yeah,
[1:54:17] Voice 3: it's not about zoning authority. It's about the press, like this ministry having decided this application takes precedence over what this local trust committee has decided would uphold the mandate.
[1:54:36] Trustee Luckham: Yeah. And that's called local autonomy, right? And that's what's going on. Because what they're telling us, it's unresolved. What they're telling us is you guys need to rescind that decision you made. You need to make a decision in favor of the applicant. Well, that's not going to happen. At least I'm not going to vote in favor of it.
[1:54:53] Trustee Luckham: So
[1:54:54] Voice 3: advocate to the Minister of Municipal Affairs to engage with other ministries responsible regarding the decision. And then you could just state the license of occupation having been issued contrary to zoning.
[1:55:18] Voice 3: zoning and... I'd
[1:55:21] Trustee Luckham: be happy if you want to amend it, but I think if we're asking our minister to
[1:55:25] Trustee Luckham: advocate, there'll be a conversation between our staff and their staff to say, what are you guys
[1:55:29] Trustee Luckham: asking for?
[1:55:31] Voice 3: Yeah, it's contrary to zoning. So what is the challenge? The autonomy of the local
[1:55:35] Voice 3: government or the respecting the... Director Cermak, help us out here. I'm stuck. If we're
[1:55:48] Voice 3: going to ask the minister to advocate to other ministries on our behalf, the specific asks,
[1:55:53] Voice 3: needs to be why does this take precedence over our local decision making in the pursuit of
[1:56:05] Voice 3: upholding the object of the trust you
[1:56:10] Voice 11: know we had this conversation through the chair and i'm just
[1:56:13] Voice 11: wondering if maybe margo can help me articulate while i gathered my thoughts just because she's
[1:56:17] Voice 11: been listening intently and i've been i think my my head's been burning fervor feverishly the
[1:56:24] Voice 11: The, yeah, I'm wondering if Margo has anything to add, just so I can write down my thoughts, because we had this conversation with the staff about, you know, who has, you know, who ranks higher than who and what act.
[1:56:42] Voice 11: We had to educate them about the Islands Trust Act, wanted to remind them that it's not just a bunch of cranky local people trying to defend their beachfront, but it's, you know, where you're here on behalf of the province with a mandate.
[1:56:55] Voice 11: And what does that mean? And so on and so forth.
[1:56:58] Voice 11: So just wondering if Margo has anything to add before I can articulate my thoughts.
[1:57:04] Voice 3: Yeah, and we could also take a five-minute break if people want, because we might recess for five or ten minutes.
[1:57:11] Voice 3: But Staff Tomaitis, do you have
[1:57:13] Voice 14: anything to add at this point?
[1:57:14] Voice 14: Thanks, Chair Elliott. I don't have a ton more to add.
[1:57:17] Voice 14: I think most of what is written in the staff report reflected, you know, I mean,
[1:57:23] Voice 14: we could look into the protocol protocol agreement and letter of understanding more
[1:57:28] Voice 14: potentially um i could read that more closely but um yeah i think it was made pretty clear
[1:57:35] Voice 14: in the meeting between the province staff staff from the province and islands trust staff
[1:57:40] Voice 14: the local trust committee's authority and zoning jurisdiction um through the local government act
[1:57:48] Voice 14: Act and the Islands Trust Act. I don't know if that helps answer. Maybe the question needs to
[1:57:57] Voice 14: be a bit more specific.
[1:58:01] Voice 3: To me, the question is whether the Minister of Municipal Affairs would
[1:58:06] Voice 3: take up the issue of this decision to approve a license of occupation essentially contrary to
[1:58:15] Voice 3: the Islands Trust mandate.
[1:58:21] Voice 3: It's sort of, so let's take a recess.
[1:58:26] Voice 3: It's 11.29. Can I suggest a 10-minute
[1:58:30] Voice 3: recess? We'll return at 11.40
[1:58:34] Voice 3: or if we need more time, let everyone collect their thoughts, do some
[1:58:38] Voice 3: writing, and thank you everyone for your support.
[1:58:41] Voice 5: Thank you.
[2:10:02] Voice 3: Are we ready to come back?
[2:10:04] Trustee Luckham: I'm here.
[2:10:06] Voice 3: Okay.
[2:10:08] Voice 3: Folks that are here, if you could turn your cameras on.
[2:10:16] Voice 3: Had a flurry of writing and motions in between time.
[2:10:21] Voice 3: Thank you.
[2:10:21] Voice 3: So we've returned from a recess in which we'd asked staff to consider some wording and a resolution to help us out.
[2:10:31] Voice 3: Thank you, everybody.
[2:10:34] Voice 3: Yes.
[2:10:35] Voice 3: Lots of flurry of motions, issues.
[2:10:39] Voice 3: use okay chair
[2:10:46] Voice 13: elliott do you want the motion from staff or the one that you said staff
[2:10:50] Voice 3: tomatoes you
[2:10:51] Voice 3: had proposed yeah let's have the motion let's have the motion from staff and uh and we can discuss
[2:10:57] Voice 3: i had one that had a lot more wording but it's probably not necessary thank you so i'll read
[2:11:10] Voice 3: it out since i don't know who it's from uh that the thetis local thetis island local trust committee
[2:11:16] Voice 3: request the executive committee to advocate to the ministry of municipal affairs regarding issues
[2:11:22] Voice 3: surrounding issuance of license of occupation v 903 1804 before that is seconded or moved rather
[2:11:33] Voice 3: i just read it out um staff perhaps you could speak to this uh
[2:11:39] Voice 14: yeah thanks charlotte so this
[2:11:42] Voice 14: This was just a summary of a very general motion that captures a number of actions, you know, purposely kept very general.
[2:11:54] Voice 14: And I guess what would result from this is my understanding, and Director Cermak can help clarify this as well.
[2:12:01] Voice 14: but it would basically you know permit staff to then forward their the staff report with a
[2:12:08] Voice 14: covering report to executive committee at their next meeting and then executive committee could
[2:12:13] Voice 14: take it from there because it is an islands trust wide affects all the LTAs and then it would it
[2:12:19] Voice 14: would go from there perfect
[2:12:23] Voice 5: okay
[2:12:24] Voice 3: seems very reasonable and straightforward thank you so much
[2:12:35] Voice 3: trustee hunter have you been following the conversation here
[2:12:37] Voice 12: yes i like it
[2:12:41] Voice 3: okay does somebody want to make the motion um
[2:12:45] Trustee Luckham: if it comes up on the screen again i'd make it
[2:12:48] Trustee Luckham: otherwise
[2:12:49] Voice 3: it's disappeared thanks stuff uh millard so
[2:12:58] Trustee Luckham: i would move that the side of
[2:13:00] Trustee Luckham: local trust committee request the executive committee to advocate to the minister of
[2:13:04] Trustee Luckham: municipal affairs regarding issues surrounding issuance of license of occupation uh v
[2:13:10] Trustee Luckham: V-9-3-1-8-0-4.
[2:13:16] Voice 3: Thank you.
[2:13:18] Voice 3: Moved by Trustee Locum, I'll call for a seconder.
[2:13:23] Voice 3: Seconded by Trustee Hunter.
[2:13:25] Voice 3: Any discussion?
[2:13:32] Voice 3: Seeing none, I'll call for the vote.
[2:13:36] Voice 3: So all those in favor?
[2:13:38] Voice 4: Aye.
[2:13:40] Voice 3: Difficult to get my hand up there.
[2:13:42] Voice 3: Excellent, that is carried.
[2:13:44] Voice 3: Thank you so much, staff.
[2:13:46] Voice 3: I'm going to turn my video off. It's just become unstable for a moment.
[2:13:51] Voice 3: Thank you so much for this.
[2:13:53] Voice 3: Is there any further actions or discussion on the staff report regarding this issuance of the aquaculture license?
[2:14:07] Voice 3: No?
[2:14:07] Voice 3: Oh, Trustee Hunter?
[2:14:09] Voice 12: Oh, I just wanted to say that the ferry crew is very interested in this too.
[2:14:13] Voice 12: And they've got a bird's eye view of the whole area.
[2:14:15] Voice 12: So they're reporting back to me if they see anything suspicious.
[2:14:22] Voice 3: It's a good idea. The question was raised about communication to fetus residents. And so it might be good to have a news release related to this and the actions of the local trust committee. I mean, this is public knowledge. We could just say that these are the actions the trust committee is requesting to be undertaken.
[2:14:45] Voice 3: And we're following the conversation closely. It's just not everybody watches our meetings and might be aware that we've directed these actions. Do you think that's needed? Or can you communicate that to community members as you're able?
[2:15:02] Voice 3: Well,
[2:15:05] Trustee Luckham: you know, it wouldn't hurt to have a short paragraph that summarizes the key elements that could be circulated, rather than it being a news release, could be used to be circulated through what is the electronic news board, which pretty much everybody that is concerned will get wind of or will read.
[2:15:34] Trustee Luckham: so
[2:15:34] Voice 12: yeah you mean east boats that's correct yeah yeah well that's perfect place for it
[2:15:40] Voice 12: okay
[2:15:41] Voice 3: so can we leave that to you trustees or do you want staff support on that because we
[2:15:47] Voice 3: should do such
[2:15:49] Trustee Luckham: a lovely job uh better than me but so do you want a motion i
[2:15:54] Voice 3: think we need a motion
[2:15:55] Voice 3: if we're going to direct staff to do anything so
[2:16:00] Trustee Luckham: i would move then that the theater sound local
[2:16:02] Trustee Luckham: Local Trust Committee asked communications staff to prepare a short statement for local circulation on, we'll refer to it as e-spokes.
[2:16:18] Voice 3: Regarding decisions?
[2:16:20] Trustee Luckham: Regarding discussion or decisions today with respect to the license of occupation and whatever the number is.
[2:16:33] Voice 12: V931-804.
[2:16:34] Voice 12: Okay.
[2:16:35] Voice 12: Staff,
[2:16:36] Voice 3: do you have that captured sufficiently?
[2:16:38] Voice 3: Sorry, Lisa, this was a bit on the fly.
[2:16:42] Voice 3: I do.
[2:16:42] Voice 13: I can read it back to you if you like.
[2:16:44] Voice 3: That would be great.
[2:16:46] Voice 13: That the Cetus Island Local Trust Committee direct communication staff to prepare a short statement for local circulation on e-spokes regarding decisions with respect to license of occupation V931-804.
[2:17:01] Voice 13: Perfect.
[2:17:02] Voice 13: Second.
[2:17:02] Voice 3: Excellent.
[2:17:03] Voice 3: Moved.
[2:17:04] Voice 3: seconded. Any further discussion? Call for the vote.
[2:17:07] Voice 3: All those in favor? Aye.
[2:17:11] Voice 3: That is carried. Thank you.
[2:17:14] Voice 3: Okay. I've got a bit of a lag here. Thank you so much
[2:17:19] Voice 3: trustees and staff for your attentive
[2:17:23] Voice 3: and necessary input on this really
[2:17:28] Voice 3: challenging issue. I'm looking forward to discussing it at executive committee
[2:17:32] Voice 3: and please do send any relevant information
[2:17:35] Voice 3: as it emerges right
[2:17:38] Trustee Luckham: thanks for your support
[2:17:39] Voice 3: absolutely okay so we'll move
[2:17:43] Voice 3: into section 11 we've got correspondence two items of correspondence one at 11.1
[2:17:49] Voice 3: and 11.2 is do we want to raise these for information the first was I believe
[2:17:58] Voice 3: it was intended for a February 4th meeting from Doug Fenton regarding Green
[2:18:04] Voice 3: Green Shores. I believe he wasn't able to address the local trust committee so this was added as
[2:18:12] Voice 3: correspondence for the following meeting. I'm guessing we're just to receive it for information
[2:18:18] Voice 3: unless Planner Tomaitis you have other advice?
[2:18:22] Voice 14: Yeah thanks Charlie. Actually yeah this was
[2:18:26] Voice 14: intended for the February 4th meeting and I think it just didn't quite make the deadline so
[2:18:29] Voice 14: it was added to this meeting but now Mr. Fenton has actually fully submitted a rezoning application
[2:18:35] Voice 14: So, the first preliminary staff report for that application should be expected in one of the next couple meetings over the summer.
[2:18:47] Voice 14: So, technically, since it's now a rezoning application under review, it shouldn't be discussed until later.
[2:18:55] Voice 14: The timing was a bit off, so you could just receive it for information and that's fine as well.
[2:19:01] Voice 3: I have a question whether, I guess this letter does speak specifically about a subsidy. I was going to say subsidy. It's not the right word, that the executive committee support the application fees. That's not going to be part of the rezoning application, is it?
[2:19:21] Voice 3: uh
[2:19:22] Voice 14: no
[2:19:23] Voice 3: that would be
[2:19:23] Voice 14: a separate consideration that would go a request directly to ec so they
[2:19:29] Voice 14: submit but they did submit the rezoning application then that will be considered by the ltc
[2:19:36] Voice 3: but then at that time is the ltc going to be asked to advance to executive committee a request to
[2:19:44] Voice 3: sponsor the application fees
[2:19:46] Voice 14: uh no am i so my understanding is that any request to executive
[2:19:52] Voice 14: committee for application fee sponsorship doesn't isn't considered by the LTC at all it just goes
[2:19:59] Voice 14: straight to executive committee okay
[2:20:01] Voice 3: so would you communicate that to Doug Fenton then that
[2:20:05] Voice 3: any application needs to go to that body yeah
[2:20:08] Voice 14: and yes he's been he's been notified about that
[2:20:12] Voice 3: okay thank you no further questions on that um any any action required from the letter dated
[2:20:21] Voice 3: February 10th, 2025 from MP Elizabeth May.
[2:20:26] Voice 3: Of course, we're now, Parliament is prorogued and
[2:20:29] Voice 3: we're in an election cycle, so I don't think a response from the Local Trust
[2:20:33] Voice 3: Committee is advisable.
[2:20:36] Voice 3: I just wanted this added to the agenda as it was general information
[2:20:42] Voice 3: regarding ongoing advocacy about Bill Z33, which
[2:20:45] Voice 3: looks like it's not going to go anywhere, unfortunately.
[2:20:49] Voice 3: So we'll just receive that information.
[2:20:50] Voice 3: Yeah,
[2:20:50] Voice 5: so I think we just receive it now.
[2:20:52] Voice 3: Okay. Excellent.
[2:20:54] Trustee Luckham: It's nice.
[2:20:55] Voice 3: So moving into...
[2:20:56] Trustee Luckham: I would just say out loud, I'm really grateful for Elizabeth May
[2:21:02] Trustee Luckham: in taking the time to communicate to us.
[2:21:07] Voice 3: She's an excellent communicator. It's true.
[2:21:13] Voice 3: So we've got a series of staff reports, the Conservancy highlights,
[2:21:18] Voice 3: lights and I'll just were there any questions on 13.1 to 13.5 from trustees I do have a little
[2:21:25] Voice 3: note about 13.3 questions no so just to advise I'm advised in all local trust committees that
[2:21:43] Voice 3: our director of director of administrative services role has recently changed or title
[2:21:49] Voice 3: The title has changed, not the role, but that going forward, the local trust committee budgets will be much more specifically tailored as in they'll be tied to actual expenses based on the previous year's expenses rather than sort of a general budgetary amount that is often not super reflective of the actual expenses.
[2:22:20] Voice 3: expenses so I've been informed that the local trust committees will be solicited for input
[2:22:28] Voice 3: specifically on the development of the budgets going forward I think that's happening through
[2:22:33] Voice 3: the regional planning managers so I'm not sure exactly how that process is going to happen but
[2:22:41] Voice 3: we'll see an adjustment to the budgeting process I think going forward but this is just
[2:22:46] Voice 3: invoices to uh january 2025 and as usual quite minimal for thetis as usual have our policies
[2:22:54] Voice 3: and standing resolutions our active projects report and we have no active projects future
[2:23:03] Voice 3: projects report any more questions comments from local trust committee so
[2:23:17] Trustee Luckham: we're in a new
[2:23:18] Trustee Luckham: I guess I do have a question here.
[2:23:21] Trustee Luckham: We're in a new budget cycle now.
[2:23:23] Trustee Luckham: And so I don't recall actually what we submitted in terms of things
[2:23:29] Trustee Luckham: that we might want to accomplish this year.
[2:23:34] Trustee Luckham: But is there an opportunity for us to consider placing something
[2:23:39] Trustee Luckham: on our projects list?
[2:23:40] Trustee Luckham: As you said, we don't have a project on our list.
[2:23:45] Voice 3: That's true.
[2:23:48] Voice 3: And I was going
[2:23:49] Voice 3: to ask if the local – go ahead.
[2:23:53] Trustee Luckham: Yeah, I thought there was something that we had discussed about pulling things together as a single project, and I'm just drawing a blank at the moment.
[2:24:02] Trustee Luckham: But looking through the future projects, certainly the letter of understanding between the LTC and the Cowichan Valley Regional District may very well be something that we want to advance at this time,
[2:24:16] Trustee Luckham: as we have quite a bit more interest from the director at this time
[2:24:21] Trustee Luckham: and grateful for him appointing a Thetis Island resident as his alternative.
[2:24:28] Trustee Luckham: And certainly that protocol could be endorsed for good reasons.
[2:24:35] Trustee Luckham: And then there was, because we went through that process at our last meeting
[2:24:40] Trustee Luckham: about summarizing
[2:24:41] Voice 5: the
[2:24:42] Trustee Luckham: things that we would like to do.
[2:24:44] Voice 5: Yes.
[2:24:45] Trustee Luckham: So I'm seeking advice from staff or your chair or yourself.
[2:24:49] Voice 5: Yeah.
[2:24:51] Voice 3: Go ahead, Planner Tomaitis.
[2:24:54] Voice 14: Yeah, thanks, Chair Elliott.
[2:24:55] Voice 14: So at your last meeting on February 4th,
[2:24:59] Voice 14: you directed staff to prepare a minor project charter
[2:25:03] Voice 14: titled Targeted LUB Amendment Updates,
[2:25:07] Voice 14: including rainwater collection, fences, and derelict vehicles.
[2:25:11] Voice 14: So that was the latest discussion
[2:25:13] Voice 14: on a potential future minor project
[2:25:18] Voice 14: that would encompass a number of minor LUB amendments.
[2:25:24] Voice 14: So that, I think that that's underway,
[2:25:29] Voice 14: like preparation of a project charter,
[2:25:34] Voice 14: looking into budget,
[2:25:36] Voice 14: defining scope and objectives,
[2:25:38] Voice 14: and that'll be coming to the LTC,
[2:25:42] Voice 14: see um i guess at your next meeting to for for consideration so you can decide whether you'd like
[2:25:48] Voice 14: to adopt the project charter um you know once you get a chance to see some more of the details that
[2:25:53] Voice 14: staff are pulling together and then that
[2:25:56] Trustee Luckham: would be when budget
[2:25:57] Voice 14: is is like budget for the yeah for
[2:26:01] Voice 14: that project for this year so
[2:26:03] Trustee Luckham: then that would get slid into that active projects report section
[2:26:08] Voice 14: Yes. Once a project charter. Yeah.
[2:26:12] Trustee Luckham: Perfect. That was just where I was missing something. Okay, great. Thank you.
[2:26:16] Trustee Luckham: I
[2:26:18] Voice 3: have a question about the Valdez land use bylaw, whether there is interest in considering an update or even just adding it to the future projects list.
[2:26:31] Voice 3: You know,
[2:26:32] Voice 3: having heard the number of issues that the Valdez Conservancy, which seems to be holding a lot of the threads that, you know, communication and engagement with multiple stakeholders, representation of residents, it occurs to me that perhaps that an update of that land use bylaw, while challenging and considerable, might advance a number of, well,
[2:27:01] Voice 3: Well, does it need an update?
[2:27:05] Trustee Luckham: Well, if you don't mind, I would provide some comment.
[2:27:11] Trustee Luckham: Please do.
[2:27:13] Trustee Luckham: The ephemeral question.
[2:27:16] Trustee Luckham: And Trustee Luckham's point of view these days, if it's not broken, don't fix it.
[2:27:21] Trustee Luckham: So I think what we need to understand, because it's a unique thing,
[2:27:25] Trustee Luckham: and actually we had considered whether or not we would embrace the RLUB
[2:27:30] Trustee Luckham: be in the associated islands land use by-law, which was crafted a dozen years ago. And so,
[2:27:38] Trustee Luckham: as an associated island, should that be included in the associated island land use by-law?
[2:27:45] Trustee Luckham: It's probably the most, for sure, it's the most current by-law with respect to those islands,
[2:27:53] Trustee Luckham: and embraces Reid and Ruxton and many of the other little islets.
[2:28:02] Trustee Luckham: So, you know, I think maybe we need to have a conversation
[2:28:06] Trustee Luckham: about what the issues that the Conservancy has raised with us
[2:28:11] Trustee Luckham: and whether or not those changes, which indeed in many situations
[2:28:16] Trustee Luckham: might be simply communications and other factors
[2:28:23] Trustee Luckham: that don't necessarily need to be dealt with in the RLUB,
[2:28:28] Trustee Luckham: but maybe there's a necessity for some kind of protocol agreement
[2:28:33] Trustee Luckham: between the agencies in order to facilitate better understanding
[2:28:39] Trustee Luckham: and sharing of information.
[2:28:41] Trustee Luckham: Of course, Valdez is a big island with significant private
[2:28:48] Trustee Luckham: private and crown forest lands, as well as significant reserve lands, and that would
[2:28:57] Trustee Luckham: be a pretty broad conversation. So we definitely want to, if we're going to dig into that,
[2:29:03] Trustee Luckham: because indeed maybe they should just have their own official community plan in the works,
[2:29:07] Trustee Luckham: right? Especially the unique characteristics of it's essentially an unconnected, unpowered,
[2:29:12] Trustee Luckham: off the grid kind of a situation there so yeah but we'd want to analyze that
[2:29:22] Trustee Luckham: maybe a future meeting actually with the valve I think you let open that door for
[2:29:25] Trustee Luckham: us there Toby thank you a future meeting maybe with the Conservancy could create
[2:29:33] Trustee Luckham: an opportunity to understand what their feelings are about the need for change
[2:29:38] Trustee Luckham: change, but we're going to have to engage with the LACs on that one for sure. So it'd be a big
[2:29:44] Trustee Luckham: conversation.
[2:29:46] Voice 3: Absolutely. But I do recall in LACs and First Nations presentation, as we were
[2:29:51] Voice 3: considering the connected coast referral, the question was raised, why is there a rural land
[2:29:57] Voice 3: use bylaw still on those reserves?
[2:30:00] Voice 3: lands, the portions of Valdez that are reserved.
[2:30:04] Voice 3: And so I think this is, it's a much bigger.
[2:30:09] Trustee Luckham: You have to be careful about that because that's not from a 10,000 foot view.
[2:30:16] Trustee Luckham: There isn't island stress zoning on reserve lands.
[2:30:21] Trustee Luckham: There is on the water surrounding the islands.
[2:30:25] Trustee Luckham: And indeed, the question is, should we be zoning waters that abut reserve lands?
[2:30:34] Trustee Luckham: Because reserve lands are completely outside of the jurisdiction of the Island Trust.
[2:30:38] Voice 3: Right. Okay. Thank you for that correction.
[2:30:41] Voice 3: And I see Planner Tomaitis said, was that what you were going to address there?
[2:30:44] Voice 3: Yeah. Okay. Thanks for that clarification.
[2:30:48] Voice 3: But indeed,
[2:30:49] Trustee Luckham: a big conversation to be had there to do justice to it.
[2:30:52] Trustee Luckham: And even the tenure, you know, the crown land tenure that is had on the private forest lands, because, you know, the RLUB was modified way back in David Essig's time.
[2:31:06] Trustee Luckham: And so that would have been the 80s, because it was necessary to create an opportunity that if those lands were divested, they were sold off or given to somebody else, that there was some underlining zoning that would facilitate protecting them.
[2:31:31] Trustee Luckham: so that they wouldn't just end up on the public open market as unzoned land.
[2:31:37] Trustee Luckham: So there's a lot to think through on that.
[2:31:41] Trustee Luckham: But what's there, actually, although it may not be a great land use bylaw,
[2:31:47] Trustee Luckham: part of it, the reason it's still there, is to protect those forest lands
[2:31:51] Trustee Luckham: so that the future of those lands, which may not be forestry any further,
[2:31:57] Trustee Luckham: have some mechanism to stop it being subdivided into a thousand lots or something, you know?
[2:32:07] Trustee Luckham: And that's how I understood the story from David Essig years ago.
[2:32:11] Trustee Luckham: So it might not even be right, although he was the chair before as well.
[2:32:18] Voice 3: Lana Tomaitis?
[2:32:20] Voice 14: Yeah, thanks, Charlie.
[2:32:21] Voice 14: I don't want to interrupt if any of the trustees want to speak,
[2:32:25] Voice 14: but I think this would be probably an important time to remind the LTC
[2:32:30] Voice 14: you see that some of the feedback received last year
[2:32:33] Voice 14: during the rezoning process from Connected Coast
[2:32:38] Voice 14: for that Valdez Rural Land Use By-law Amendment
[2:32:41] Voice 14: was that the RLUB, the formation of the RLUB
[2:32:47] Voice 14: didn't have sufficient engagement with LACs and First Nation
[2:32:51] Voice 14: to begin with the basis for that by-law.
[2:32:55] Voice 14: law they're like so you know um yeah i just remember that that was a big uh part of their
[2:33:00] Voice 14: feedback to the ltc yeah
[2:33:05] Trustee Luckham: and i think that that original rluv actually dates back to the formation
[2:33:09] Trustee Luckham: of the honest trust it was just carried on all this time so planet termitis is absolutely right
[2:33:18] Trustee Luckham: yeah
[2:33:19] Voice 3: but the the question of jurisdiction sorry i think i'm my my internet has gotten
[2:33:30] Voice 3: intermittent so i
[2:33:31] Voice 3: apologize if i interrupted you yeah you
[2:33:36] Trustee Luckham: didn't interrupt me yeah
[2:33:37] Voice 3: so i do think
[2:33:39] Voice 3: this okay i do think this is worthy of investigation personally i think there's much
[2:33:46] Voice 3: more material um there's some things that we can change in terms of this regulations or even how
[2:33:59] Voice 3: how the objectives and policy is a significant project.
[2:34:01] Voice 3: It would likely be a major project
[2:34:04] Voice 3: with significant First Nations engagement.
[2:34:07] Voice 3: But we've heard that, you know,
[2:34:10] Voice 3: now from two directions,
[2:34:13] Voice 3: Valdez Island Conservancy and LAACs and First Nation,
[2:34:16] Voice 3: that this isn't sufficient for regulating Valdez Island area.
[2:34:23] Voice 3: So I want to do a little more research.
[2:34:26] Voice 3: I'm not ready to put this on the future projects list yet
[2:34:31] Voice 3: but perhaps we could
[2:34:35] Voice 3: is there interest in setting up a working group meeting with representatives from
[2:34:41] Voice 3: Valdez Island Conservancy and potentially the Axan First Nation
[2:34:44] Voice 3: just to do some background investigation
[2:34:47] Voice 3: what would be the desired outcome
[2:34:54] Trustee Luckham: We would need to get our own understanding straight
[2:34:57] Trustee Luckham: before we go and have a meeting with anybody
[2:35:00] Trustee Luckham: and then indeed have a meeting.
[2:35:04] Voice 3: Well, we've heard, but that's what I mean.
[2:35:07] Voice 3: We've heard from two agencies or one local government
[2:35:12] Voice 3: and an agency that they want change.
[2:35:15] Voice 3: They need support.
[2:35:16] Voice 3: They're asking the Alliance Trust to do something.
[2:35:19] Voice 3: What can we do is the question.
[2:35:21] Voice 3: So that is what I'm proposing that we investigate.
[2:35:26] Trustee Luckham: Sure.
[2:35:26] Trustee Luckham: Sure. I guess for me, I'd want to go into that meeting or conversation knowing what the RLUB
[2:35:34] Trustee Luckham: is and what it means compared to the mechanisms that we're using presently and what that transition
[2:35:40] Trustee Luckham: would look like. Like, what would this work look like? So that when we go in, we're not trying to
[2:35:46] Trustee Luckham: figure out what we know. We can hear what they have and then reflect on that with indeed respecting
[2:35:54] Trustee Luckham: the request for change because certainly some of those changes that some might be asking for
[2:35:59] Trustee Luckham: may not be even within the scope of the land use authority that we have
[2:36:09] Trustee Luckham: anyway it's a conversation we'd love to have it this we have to figure out how we're going to do
[2:36:15] Trustee Luckham: it and we don't really have budget for this term and we were we never asked for that kind of
[2:36:21] Trustee Luckham: of funding yeah
[2:36:23] Voice 3: let me do some background inquiries and see what we can we can do in the
[2:36:28] Voice 3: meantime it's
[2:36:30] Trustee Luckham: a worthy project it's a beautiful island it would be a
[2:36:34] Voice 3: lot and there there needs
[2:36:35] Voice 3: to be a collaborative sort of governance structure in my view and in place there but that there's a
[2:36:41] Voice 3: long road to get there so uh okay well thank you trustees uh for your patience we've gone a little
[2:36:48] Voice 3: little bit over time great meeting today um our next regular meeting is scheduled for tuesday
[2:36:53] Voice 3: june 10th 2025 at 9 30 a.m trustee zuckum i just wanted to check with you did we change the date
[2:37:04] Voice 3: so that you could be in attendance there or are you just not going to be present july or june 10th
[2:37:10] Voice 5: oh
[2:37:10] Trustee Luckham: that's a good question
[2:37:11] Voice 3: i thought about it
[2:37:13] Trustee Luckham: yeah we did have a conversation and so thank you for
[2:37:16] Trustee Luckham: reminding me of that i thought we had discussed actually bringing to this meeting a different date
[2:37:23] Trustee Luckham: but let me just look at my calendar if i can if i'm lucky may june um i'm gonna have to connect
[2:37:34] Trustee Luckham: to the internet here bear with me a second um but i am going to be on the road for sure and i think
[2:37:43] Trustee Luckham: actually that June the 10th is actually a travel by airline day and so that may
[2:37:52] Trustee Luckham: not facilitate so it's
[2:37:55] Voice 3: June 3rd open can I ask Lisa I mean if it's solitaire to
[2:38:04] Voice 3: bring up a general agenda well not on the screen but June 3rd looks open for
[2:38:11] Voice 3: me and I don't know if it's possible to change this on the fly or we should do it by rwm but
[2:38:19] Voice 3: do you see anything
[2:38:19] Voice 5: that
[2:38:20] Voice 3: would conflict thanks yeah
[2:38:35] Voice 13: there's there's a there's a staff conflict
[2:38:38] Voice 13: for myself but that doesn't mean um we can't find other people to do it but there is no other
[2:38:45] Voice 13: uh executive meetings or meetings that the fetus ltc members would be involved in that day
[2:38:54] Voice 3: Okay. So this is supposed to be in person as well. And I think that's where the misunderstanding happened with Valdez Island Conservancy. We were wanting to invite them to an in-person meeting so they could present. So that's, but that's done and gone. But I'm just recalling the conversation. So could we explore June 3rd? Trustee Hunter, are you flexible at all?
[2:39:24] Voice 12: unfortunately i'm pretty well it can be any day you want
[2:39:27] Voice 3: okay unfortunately
[2:39:33] Voice 12: no yeah
[2:39:34] Voice 12: i'm around i'm all
[2:39:35] Voice 3: right all right well we'll have to check into the availability of the
[2:39:38] Voice 3: hall um and staff so let's leave this to be done by rwm is that okay with everyone sure that's good
[2:39:48] Trustee Luckham: I mean, yeah, because it's funny, sometimes I can't get my full calendar, and I'm not getting my full calendar here at the moment.
[2:39:56] Trustee Luckham: But, yeah, I'm pretty sure I'm flying on the Tuesday the 10th.
[2:40:02] Voice 3: And then following is June Trust Council, the 17th to the 19th.
[2:40:07] Voice 3: Yeah.
[2:40:08] Voice 3: We could also look at the 24th of June, or perhaps even the 20th of May.
[2:40:15] Voice 3: But I think it depends how much.
[2:40:17] Trustee Luckham: The third would work for me, and it sounds like maybe that would work for others.
[2:40:21] Voice 3: So
[2:40:22] Trustee Luckham: let's just go.
[2:40:24] Trustee Luckham: So do you need a motion or provide direction to staff to reschedule?
[2:40:28] Voice 3: I think we should request
[2:40:29] Voice 3: staff to reschedule the June 10th meeting.
[2:40:33] Voice 3: And should we consider it electronic, or do you want to be meeting in person?
[2:40:38] Trustee Luckham: Oh, I'd rather electronic at this juncture.
[2:40:41] Voice 3: Okay.
[2:40:42] Voice 3: Margo?
[2:40:43] Voice 3: Yeah.
[2:40:44] Voice 14: Yeah, thanks, Charlotte.
[2:40:45] Voice 14: Well, the LTC does have to hold at least two meetings a year in person.
[2:40:52] Voice 14: And I think this was one of them.
[2:40:54] Voice 14: So if you're not holding this meeting in person, I believe the July meeting is also supposed to be held in person.
[2:41:01] Voice 14: So you'd have to make one of your meetings later in the year after July in person.
[2:41:07] Voice 14: And I think that the hall has already been booked for both of those.
[2:41:10] Voice 14: uh not to say that we can't but staff can't look into availability and um changing things around
[2:41:16] Voice 14: but i think we'd recommend keeping this uh in person if possible well
[2:41:24] Trustee Luckham: sure that um
[2:41:25] Voice 5: yeah
[2:41:31] Trustee Luckham: um that that's just thinking more broadly um with my other work commitments um
[2:41:38] Trustee Luckham: being away a bunch of days isn't helpful i would say let's look at the other in-person meetings
[2:41:47] Trustee Luckham: July, September, November, December, something like that.
[2:41:52] Trustee Luckham: Have
[2:41:57] Voice 5: I lost everybody or are people still there?
[2:42:01] Voice 3: I'm here. We're just mulling things over. So I see there's a meeting
[2:42:06] Voice 3: in November and then
[2:42:12] Voice 3: August? Or no, that's July 29th. Okay.
[2:42:17] Voice 3: That is tricky. Okay. Let's leave it to staff to coordinate, but
[2:42:21] Voice 3: we should request that staff
[2:42:23] Voice 3: staff uh investigate options for um meeting of june 3rd in place of the june 10th in-person
[2:42:36] Voice 3: meeting and post notices accordingly yep
[2:42:43] Voice 5: something
[2:42:44] Voice 3: like that lisa does that work for you i think if
[2:42:50] Voice 13: you move that the local trust committee request staff investigate options to change the june 10th
[2:42:55] Voice 13: in-person meeting to June 3rd
[2:42:57] Voice 13: in-person meeting,
[2:42:59] Voice 13: we can then see if the hall is available
[2:43:01] Voice 13: and go from there.
[2:43:02] Voice 3: Okay. So moved.
[2:43:06] Voice 3: Seconded.
[2:43:07] Voice 3: Seconded by Trustee Luckham.
[2:43:09] Voice 3: Any more discussion?
[2:43:12] Voice 3: All those in favor?
[2:43:13] Voice 3: Aye.
[2:43:15] Voice 10: That
[2:43:15] Voice 3: is carried. Thank you.
[2:43:17] Voice 3: So next meeting date to be determined,
[2:43:20] Voice 3: but likely June 3rd
[2:43:22] Voice 3: and likely in person
[2:43:23] Voice 3: at the Forbes Hall.
[2:43:25] Voice 3: Thank you, everyone.
[2:43:27] Voice 3: For your attendance today, I'll call for adjournment.
[2:43:30] Voice 3: All those in favor? Aye.
[2:43:33] Voice 3: Aye. That is carried.
[2:43:34] Voice 3: We are adjourned and go enjoy the sunshine. Take care.
[2:43:39] Trustee Luckham: Thank you. Ciao. Thanks.
The minutes
Official minutes as published by the Islands Trust (source), text extracted automatically.
ADOPTED
Thetis Island ADOPTED 1 of 7
Local Trust Committee Minutes
April 1, 2025
Thetis Island Local Trust Committee
Minutes of Regular Meeting
Date:
Location:
April 1, 2025
Electronic Meeting
Members Present: Tobi Elliott, Chair
Peter Luckham, Local Trustee
Ken Hunter, Local Trustee
Staff Present: Stefan Cermak, Director, Planning Services
Warren Dingman, Bylaw Compliance & Enforcement Manager
Margot Thomaidis, Planner
Lisa Millard, Meeting Administrator/Recorder
Others Present: There were approximately 5 members of the public in attendance.
1. CALL TO ORDER
Chair Elliott called the meeting to order at 9:30 a.m.
2. TERRITORIAL ACKNOWLEDGEMENT
Chair Elliott acknowledged that the meeting was held on the territory of the Coast Salish
First Nations.
3. APPROVAL OF AGENDA
TH-2025-007
It was MOVED and SECONDED
that the Thetis Island Local Trust Committee add the Valdes Conservancy
delegation to the agenda.
CARRIED
The following addition to the agenda was presented for consideration:
8.1 Valdes Island Conservancy Delegation
By general consent, the agenda was adopted as amended.
4. REPORTS
4.1 Trustee Reports
Trustee Luckham reported current issues of interest to Thetis residents including
the clean up of Lot 88 that had been used as an auto-wrecking yard and the matter
of the aquaculture lease in Preedy Harbour.
ADOPTED
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April 1, 2025
Trustee Hunter noted the importance of sending correspondence to the community
regarding the clean up of Lot 88 and concerns about the Licence of Occupation
issued by the provincial government for the aquaculture operation.
4.2 Chair's Report
Chair Elliott reported attendance at the March Trust Council meeting and
highlighted the elections of Salt Spring Trustee Laura Patrick as Chair of Trust
Council and Denman Trustee Sam Borthwick to the Governance Committee, and
approval of 2025/26 Budget and Strategic Plan.
4.3 Electoral Area Director's Report
Electoral Area Director Jesse McClinton reported the following:
• The Cowichan Valley Regional District fiscal budget was ratified;
• He was nominated as Vice-Chair of the Electoral Area Service Committee; and
• A Thetis resident is being appointed as alternate Electoral Area Director.
5. PUBLIC COMMENTS
A member of the public spoke to the shellfish aquaculture operation and requested the
Local Trust Committee address the following questions during discussion on the matter:
• Were there any elected official to elected official communications regarding the
application?;
• Has the Local Trust Committee communicated any information to the public?; and
• Would the matter be referred to the Advisory Planning Commission should the operator
be required to apply for a bylaw amendment?
6. MINUTES
6.1 Local Trust Committee Special Meeting Minutes dated October 22, 2024 - for
adoption
By general consent, the Local Trust Committee special meeting minutes of
October 22, 2024 were adopted.
6.2 Local Trust Committee Minutes dated February 4, 2025 - for adoption
The following amendment to the minutes was presented for consideration:
Page 1 of the Minutes in the first bullet point of the Chair’s Report change the words
“the fundraising campaign was organized” to “fundraising campaign information
was shared”
By general consent, the minutes were adopted as amended.
6.3 Section 26 Resolutions-Without-Meeting Report – none
7. BUSINESS ARISING FROM MINUTES
7.1 Follow-up Action List dated March 25, 2025
Received for information.
8. DELEGATIONS
ADOPTED
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Local Trust Committee Minutes
April 1, 2025
8.1 Valdes Island Conservancy
Marja de Jong Westman, President, Valdes Island Conservancy provided a
presentation and highlighted the following:
• Valdes Island Conservancy is a not-for-profit society governed by municipal,
provincial, and federal rules and regulations and the Conservancy attempts to
provide clarity of the regulations and bylaws to Valdes islanders;
• The bylaws that govern the Valdes Island Conservancy, and those that were
implemented to guide development on the island, were instituted by the Thetis
Island Local Trust Committee with little input sought from the Valdes Island
community;
• The Conservancy primarily speaks for the seasonal cabin property owners;
• The Conservancy is involved in environmental advocacy and noted the
prominent concerns include lack of enforcement of laws and guidelines, status
of herring population, boat traffic and killer whale watching, damage caused by
freighters at anchor, invasive species, kelp and eel grass beds, effects of
climate change, and log boom breakup damage to the intertidal area;
• They have been working on relationship building with Lyackson First Nation;
• Emerging issues include protection of community trail network, forest fire
monitoring and safety supports, provincial hunting regulations resulting in
public safety issues, assistance with conservation covenant applications,
insurance concerns of property owners, ATV use through sensitive ecosystems,
abandoned lot issues, shoreline erosion mitigation support, enforcement of
rockfish area fishing ban, and lack of transparency and engagement by Islands
Trust and the Local Trust Committee with the Conservancy and islanders.
The Local Trust Committee noted there is potential for future discussion regarding
the Valdes Island Rural Land Use Bylaw and exploring possible opportunities
through Islands Trust Conservancy.
9. APPLICATIONS AND REFERRALS
9.1 TH-CL-2018.2 (Abrupt Shellfish Inc. - Panacui) License of Occupation and Next
Steps - Staff Report
The planner summarized the staff report and highlighted the following:
• The Provincial Government issued a 30-year Licence of Occupation for
aquaculture operations located at the entrance to Preedy Harbour;
• Aquaculture is not a permitted use in the area where the licence was issued;
therefore, proposed operations will not be in compliance with Land Use Bylaws;
and
• The applicant submitted rezoning applications in 2020 and 2022, the rezoning
was denied, and the files were closed.
Trustee Luckham stated he had prepared comments to be included in a potential
letter to the Ministry and read them into the record as follows:
• Preedy Harbour is a seasonally active harbour facilitating attractive, non-
industrial, recreation uses;
ADOPTED
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April 1, 2025
• The assessment of the industrial impacts is invalid and not compatible with
current uses;
• The Local Trust Committee is unaware of any Frist Nations support for this
project and would like consultation records provided;
• Lack of response from First Nations does not constitute consultation;
• The public engagement that has been undertaken by the applicant and the
Ministry has been minimal and inadequate;
• Posting content on websites is not public engagement nor transparent;
• Predator netting is a significant impediment to navigation, particularly in relation
to anchoring in a busy harbor;
• The applicant has suggested to the Ministry that they are sensitive to community
concerns around noise, hours of work, and scheduling; however, these issues
are not regulated, compliance would be voluntary, and failure of the applicant
to meet these aspirations would fall on residents and the boating public;
• The Ministry’s enforcement is under-resourced and historically unresponsive
citing thousands of kilometres of coast line with inadequate personnel;
• The applicant has stated that the community will be “educated”; however, the
community does not need to be educated about a foreign company’s interest in
exploiting British Columbia’s marine environment with no benefit for local
economies or sustainable food.;
• It is inappropriate for an agency to ignore the legislative authority of another
agency;
• The rezoning is not unresolved as the Islands Trust has zoning authority and has
denied the application twice;
• In the summary provided for issuing the licence it is evident there is unfamiliarity
with geography of the area, and while the ferry does not transit the affected area
the proximity to the westerly entrance to the harbor used by transiting
commercial and recreational vessels will be impacted;
• The principles raised in the reasons for the Ministry’s decision include 1. Crown
land values are managed for the benefit of the public, 2. Economic,
environmental, and social needs and opportunities are identified and
supported, 3. The interests of First Nations’ communities are recognized, 4.
Decisions are timely, well-considered, and transparent, and 5. Public
accountability is maintained during the allocation of Crown land; however,
principles 1, 2, and 3 have not been met, principle 4 has not been well
supported, and principle 5 seems to have not been fully accounted for.
Discussion ensued and the following comments were noted:
• There has not been communication to Thetis residents as this is the first
opportunity the Local Trust Committee has had to speak to concerns;
• The Director of Planning Services indicated a legal opinion would not be
required to determine jurisdiction as the provincial government is within their
right to issue a Licence of Occupation and has informed the applicant that it is
counter to zoning, and any letter sent to the applicant would indicate that if they
proceeded without zoning, they could be subject to enforcement;
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April 1, 2025
• The Letter of Understanding between the Ministry of Environment and Islands
Trust requires notification of decision yet the license was issued prior to
notification of decision being received;
• Until such time as equipment is placed in the water there is not a contravention
of the bylaw and no action would be taken unless there is an unlawful use;
• Support for the Canadian economy, by means of support of a business that
exports its product, is being advanced over local concerns;
• Historically the province has provided aquaculture licenses to non-Canadian
companies and a 30-year licence has the impact of continuing the handing over
of territorial waters and interests that belong to First Nations at a time that many
of the Nations are in treaty negotiations.
TH-2025-008
It was MOVED and SECONDED
that the Thetis Island Local Trust Committee request staff to draft a letter to
the applicant for TH-CL-2018.2 (Panacui) confirming that while the
applicant has received a License of Occupation from the Province (No.
V931804) to carry out industrial shellfish aquaculture, the Water 4 (W4) zone
in the Thetis Island Land Use Bylaw No. 89 and the Marine General
(W1) zone in the Thetis Associated Islands Land Use Bylaw No. 94 do not
permit marine aquaculture operations, and a rezoning is required.
CARRIED
TH-2025-009
It was MOVED and SECONDED
that the Thetis Island Local Trust Committee direct bylaw enforcement staff
to commence an investigation of non-permitted uses in the marine area
where License of Occupation No. V931804 was issued.
CARRIED
The meeting was recessed for a break at 11:20 a.m. and reconvened at 11:40 a.m.
TH-2025-010
It was MOVED and SECONDED
that the Thetis Local Trust Committee request the Executive Committee to
advocate to the Ministry of Municipal Affairs regarding issues surrounding
issuance of License of Occupation V931804.
CARRIED
TH-2025-011
It was MOVED and SECONDED
that the Thetis Island Local Trust Committee direct communications staff to
prepare a short statement for local circulation on E-Spokes regarding
decisions with respect to Licence of Operation V931804.
CARRIED
10. LOCAL TRUST COMMITTEE PROJECTS - none
11. CORRESPONDENCE
ADOPTED
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Local Trust Committee Minutes
April 1, 2025
(Correspondence received concerning current applications or projects is posted to the LTC
webpage)
11.1 Email dated February 3, 2025 from D Fenton regarding Green Shores
Received for information.
11.2 Letter dated February 10, 2025 from Elizabeth May regarding Southern Gulf
Islands Forum
Received for information.
12. NEW BUSINESS - none
13. STAFF REPORTS
13.1 Trust Conservancy Highlights of January 21, 2025 Board Meeting
Received for information.
13.2 Applications Report dated March 24, 2025
Received for information.
13.3 Trustee and Local Expense Report dated January, 2025
Received for information.
13.4 Adopted Policies and Standing Resolutions
Received for information.
13.5 Local Trust Committee Webpage
No updates required.
14. WORK PROGRAM
14.1 Active Projects Report dated March 25, 2025
Received for information.
14.2 Future Projects Report dated March 25, 2025
The Planner referred to previous direction given to staff to prepare a Minor Project
Charter for a Targeted Land Use Bylaw Amendment Update project to include
rainwater collection, fences, and derelict vehicles and this will come back to the
Local Trust Committee at the next meeting.
Discussion ensued about the Valdes Rural Land Use Bylaw update being added to
the Future Projects List and the following comments were noted:
• The issues raised by the Valdes Island Conservancy might not need to be dealt
with in the Rural Land Use Bylaw and consideration of a Protocol Agreement
between the agencies could be undertaken;
• A future meeting with the Conservancy could provide an opportunity to
determine if there is need for changes;
• Any conversation would need to include Lyackson First Nation;
• It is necessary to first understand how the Rural Land Use Bylaw compares to
the best practices for land use regulations and policies used by Islands Trust
and if a review is required;
ADOPTED
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April 1, 2025
• Some of the issues presented by the Valdes Island Conservancy might be out of
the scope of the land use authority of the Local Trust Committee; and
• Further inquiry is required.
15. UPCOMING MEETINGS
15.1 Next Regular Meeting Scheduled for Tuesday, June 10, 2025 at 9:30 am at Thetis
Island Community Centre (Forbes Hall), North Cove Road, Thetis Island, BC
TH-2025-012
It was MOVED and SECONDED
that the Thetis Island Local Trust Committee request staff investigate
options to change the June 10, 2025 Local Trust Committee in-person
meeting to June 3, 2025.
CARRIED
16. ADJOURNMENT
By general consent, the meeting was adjourned at 12:15 p.m.
_________________________
Tobi Elliott, Chair
Certified Correct:
_________________________
Lisa Millard, Meeting Administrator/Recorder